DOJ says Jan. 6 rioter 'must return to prison': report

DOJ says Jan. 6 rioter 'must return to prison': report
Jason Van Tatenhove, a member of the Oath Keepers, and Stephen Ayres, January 6 rioter, arrive to testify before the U.S. House Select Committee to investigate the January 6 Attack on the U.S. Capitol, on Capitol Hill in Washington, U.S., July 12, 2022. REUTERS/Sarah Slibiger/File Photo
Maya Boddie
February 06, 2025 | 08:47PM ETLabor

One January 6 rioter pardoned by President Donald Trump last month is on the way back to prison, according to Politico's Kyle Cheney.

The legal affairs correspondent reported via X: "NOTABLE: DOJ determines that a Jan. 6 defendant who was convicted of a firearm offense based on a search of his home must return to prison because the firearm charge is NOT covered by Trump's pardon. This was a point of contention among J6ers."

Cheney added, "This has implications for others, like Jeremy Brown and Edward Kelley, who were charged with crimes that were discovered because of their involvement in Jan. 6 but were not directly related to the attack on the Capitol. They say Trump's pardon should cover these."

READ MORE: 'Immediate danger': FBI agents sue Trump DOJ to stop purge of agents who worked Jan. 6 cases

"Under DOJ's logic, would Enrique Tarrio be covered by Donald Trump's pardon?" Cheney questioned, adding, "His conspiracy crimes did not occur "at the United States Capitol on January 6, 2021."

Furthermore, Cheney added, "DOJ says this is 'the plain language' of Trump's proclamation."

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