Dan Edwin Wilson, an ex-January 6 defendant and Oath Keeper, receives a second Trump pardon, this time erasing firearm charges in a move sparking political debate.
Wilson, 50, was one of the almost 1,600 individuals who were pardoned by the president on the first day of the attack on the Capitol. He was accused of conspiring to obstruct or harm a Capitol officer.
However, following the execution of a search warrant on Wilson's residence by law enforcement officers looking into his involvement on January 6, he was also charged separately with possessing an unregistered firearm in Kentucky.
Trump's January 6 pardon was not extended to include the firearm possession charges, according to a judge handling the case.
According to a statement from the White House, Trump decided to pardon Wilson once more since "the search of Mr. Wilson’s home was due to the events of January 6."
Prosecutors claimed that Wilson coordinated with others to plan a
"protest" at the Capitol on January 6 in order to assist Trump, who
had disseminated false information claiming that the 2020 election was rigged
against him.
Wilson claimed in messages to be a member of the Gray Ghost Partisan Rangers and Oath Keepers militias, according to prosecutors. He talked about bringing guns to Washington, D.C.
In a December 2020 message, Wilson wrote:
“If Trump wins we have to get this government under control it’s been crossing my mind if we go to a Civil War do we try to take Washington DC first or do we try to take state capitals first.”
Days later, Wilson wrote:
"I am ready to lay my life on the line. It is time for good men to do bad things."
Wilson entered a guilty plea in August 2024 to the conspiracy charges pertaining to his January 6 attempts. At first, he was given a five-year prison sentence.
However, once Trump issued the broad pardons on his first day in office, Wilson was one of the few inmates who were not allowed to leave prison on January 6.
The Justice Department eventually altered its view and claimed
that Wilson's firearm charges should be covered by Trump's day-one pardon,
despite the administration's original agreement that this was not the case
because the firearm charges were the result of an investigation into the
January 6 charges.
The judge disagreed, saying it went too far in extending Trump's pardon.
The firearm-related criminal case is specifically mentioned in Trump's second pardon.
Attorneys for Wilson said in a statement to Politico,
“Dan Wilson is a good man. After more than 7 months of unjustified imprisonment, he is relieved to be home with his loved ones.”
“This act of mercy not only restores his freedom but also shines a light on the overreach that has divided this nation,”
the attorneys said.
What legal basis allows a presidential pardon to cover unrelated
convictions?
The amnesty power is extremely broad and can be exercised for any civil offense, whether or not the extant has been charged, tried, or condemned yet. This means the President can issue"pre-emptive" or retroactive absolutions covering crimes committed but not yet fulfilled.
The amnesty power can extend to multiple offenses committed by the person previous to the amnesty as long as they're included or inferred by the amnesty’s language. There's no strict demand that the amnesty only apply to offenses connected to a particular case.
Supreme Court rulings, particularly Ex parte Garland( 1866), affirm that the amnesty power is" unlimited except in cases of indictment," and may be exercised at any time after the commission of the offense.