Caught in between the January 6th defendants who had already completed their sentences and those sentenced for many years of imprisonment to come were some whose prosecutions had commenced, but had not yet been completed. Nicholas DeCarlo and Nicholas Ochs were two defendants whose had already pleaded guilty, already allocuted under oath that they committed the crimes with which they were charged, and were awaiting sentence when Trump directed the prosecution to trash the case.
I further direct the Attorney General to pursue dismissal with prejudice to the government of all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021.
Proclamation and civic ignorance aside, does the prosecution have the power to make cases disappear because the president says so? For DeCarlo and Ochs, the question was put to Judge Tanya Chutkan, who happened also to be the judge in the indictment against Trump for his role in the insurrection. Judge Chutkan was, unsurprisingly, unimpressed by Trump’s proclamation and the government’s Rule 48(a) motion to dismiss with prejudice.
Here, the government’s cursory motion provides no factual basis for dismissal. Instead,
the single paragraph explanation included in the one-page dismissal motion cites “as the reason for this dismissal,” only a presidential proclamation “dated January 20, 2025, Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at Or Near the United States Capitol...
