January 21, 2025
Trump gave full pardons to most Jan. 6 defendants — including Proud Boys leader Enrique Tarrio, whose 22-year seditious conspiracy conviction was erased — but only commuted the sentences of Stewart Rhodes and about a dozen other militia leaders, leaving those felony convictions on the books.
Enrique Tarrio received a 22-year sentence, the longest handed down for any Jan. 6 defendant, and received a full pardon from Trump on January 20, 2025
Stewart Rhodes, convicted of seditious conspiracy and sentenced to 18 years, received a commutation to time served — not a full pardon — leaving his felony conviction intact
14 Jan. 6 defendants total received commutations rather than full pardons, mostly militia leaders and senior organizers
A commutation reduces punishment but leaves the underlying felony conviction on the criminal record, including restrictions on firearm possession
A federal judge barred Rhodes and co-defendants from entering Washington D.C. and the U.S. Capitol without prior court permission after his commutation
Rhodes publicly lobbied Trump for a full pardon after his release
Ford pardoned Nixon with a full pardon in 1974; Trump split the distinction for Jan. 6 militia leaders
Oath Keepers founder
Proud Boys leader
Proud Boys senior organizer
Oath Keepers Florida chapter leader
Proud Boys member
President
research
Check the collateral consequences of a commutation versus a full pardon before drawing conclusions
The distinction between a commutation and a pardon has concrete legal consequences for the people involved. Understanding it lets citizens evaluate news coverage accurately rather than accepting characterizations from either side.
When you see news about a commutation versus a pardon, check whether the underlying conviction remains — that determines whether the person can vote, own firearms, or hold certain jobs. Read the DOJ's Office of the Pardon Attorney guidance at clemency.usdoj.gov, which explains the legal differences between pardons, commutations, and other forms of clemency. A commutation reduces a sentence but leaves the conviction intact. A full pardon erases the conviction and restores civil rights. For Enrique Tarrio and Stewart Rhodes, commutations reduced their sentences but their seditious conspiracy convictions remain on the record until and unless they receive a full pardon.
research
Read the seditious conspiracy statute to understand what these convictions actually required
Seditious conspiracy is a charge most Americans have never encountered. Reading the statute directly, before reading commentary about whether the convictions were justified, gives citizens the clearest possible foundation for evaluating those arguments.
Seditious conspiracy under 18 U.S.C. 2384 is one of the most serious charges in federal law — understanding what it requires explains why these convictions carried such long sentences. Read the statute directly at uscode.house.gov. Seditious conspiracy requires proving that defendants conspired to overthrow, put down, or destroy by force the government of the United States, or to prevent, hinder, or delay the execution of any law. The Oath Keepers and Proud Boys convictions required the jury to find beyond a reasonable doubt that the defendants planned to use force to prevent the transfer of presidential power. Reading the statute alongside the trial evidence clarifies what was actually proven in court.
research
Track whether Tarrio and Rhodes receive full pardons and what rights that would restore
The difference between a commutation and a pardon for the Oath Keepers and Proud Boys leaders is a live legal question with significant precedential implications. Tracking it through CREW's database is the most efficient way to follow developments.
Track whether Rhodes receives a full pardon — that would erase his conviction entirely and remove court-ordered restrictions on Capitol access. Follow CREW's tracking of January 6 clemency actions at citizensforethics.org, which maintains updated records of pardons, commutations, and their legal consequences. A full pardon for leaders of organizations convicted of seditious conspiracy would set a historical precedent for how future administrations treat violent attempts to prevent presidential transitions. CREW publishes regular updates as clemency actions are taken.