Pardoned Capitol Rioters' Unrelated Gun, Drug Charges May Be Dismissed as DOJ Seeks to Expand Trump's Executive Order

The Trump Administration's Department of Justice revealed that the President's decision to grant January 6 rioters clemency also covers other separate crimes they were charged with which were discovered by the FBI during their investigation into the Capitol riots.

Firearm-related charges were levied against two January 6 rioters amid the FBI's investigation into the events at the capitol turned up evidence of crimes not related to the riots. Federal prosecutors submitted filings in which they requested that judges dismiss these charges, indicating a more expansive interpretation of the pardons granted to January 6 rioters by the President, according to documents obtained by NPR.

The order issued by Trump on his first day in office provided rioters with clemency for "offenses related to events that occurred at or near the United States Capitol" on January 6, 2021. The order also instructs the Attorney General to dismiss any pending charges or prosecutions for "conduct related to" events on January 6.

The two defendants, Daniel Ball and Elias Costianes, had charges relating to the events of January 6 dropped. Ball was charged with assault while Costianes had pending misdemeanor charges against him. The subsequent investigation revealed evidence of both defendants illegally possessing firearms and weapons.

In 2023, Costianes pleaded guilty to illegally possessing a firearm and using illegal drugs.

"After consulting with the Department of Justice's leadership, the United States has concluded that the President pardoned Mr. Costianes of the offenses in the indictment," Assistant U.S. Attorney David Bornstein wrote in a filing Wednesday to a federal appeals court. "He should be immediately released from custody."

These are the first unrelated charges to be considered covered by Trump's clemency, as the Justice Department previously rejected the notion that unrelated charges existed within the scope of Trump's pardons. For instance, January 6 rioter Taylor Taranto was not exonerated for charges related to possession of weapons and threats made in Washington, DC, in June 2023, with the DOJ stating that the incident was separate from the January 6 case.

"The pardon covers only offenses related to events that occurred at or near the United States Capitol on January 6, 2021," Justice Department officials said of Taranto. "The language of the pardon is limited in scope by time and location."