Local lawyers scramble to navigate Trump's Jan. 6 pardons

For defense attorneys representing people in Western Pennsylvania charged in the Jan. 6, 2021, attack on the U.S. Capitol, the last two days have been frenzied.

President Donald Trump on Monday pardoned everyone charged in the Capitol riot four years ago, clearing the way for the release of hundreds of people across the country who are incarcerated or on federal supervision.

The problem, local attorneys said Tuesday, is that the mechanism for how, when and where their clients will be released has not yet been made clear.

“There’s been a frenzy of activity across the country the last day,” said attorney Owen Seman who represents Tristan Sartor, of Ruffs Dale, whose case is still pending. “Because of the lack of specificity in the executive order, defense attorneys are just trying to make sure their clients are a part of that.”

Sartor, who is not in custody, pleaded guilty to two misdemeanor counts and was awaiting sentencing next month when Trump issued the pardon.

Seman said late Monday and during the day Tuesday, he’d heard from attorneys who said some prisons have been actively releasing the Jan. 6 defendants while others are ignoring their calls.

Robert Morss, a former Shaler substitute teacher who was ordered to serve 5 1/2 years in prison following his conviction at a bench trial, was being held at Renewal, the federal re-entry center in Pittsburgh, when, he posted on X, that he was released around midnight.

Wanna know how I know they are afraid of you?
IT WORKED!!!!!!! ????????????????????????????????
God bless WE THE PEOPLE!!!!!!
FREE AT LAST!!!! pic.twitter.com/t7kw82AOjP

— AKATheLegoMan (@AKATheLegoMan) January 21, 2025

But for others, Seman said, that’s not the case. Some facilities, he was told, were refusing to release inmates without paperwork.

“What jail across the country is just going to open the door and let people out?” Seman asked.

One of the complicating factors, Seman continued, is that Trump’s order did not explicitly name all of the defendants being pardoned.

Instead, Trump listed 14 by name — including members of the Oath Keepers and Proud Boys — and included everyone else in this sentence: “grant a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on Jan. 6, 2021.”

According to the U.S. Attorney’s office in Washington, D.C., that covers the 1,583 people who were charged.

‘Unprecedented situation’

The Jan. 6 investigation has been described as the most complex ever undertaken by the Department of Justice. Dozens of federal prosecutors from around the country were brought in to help try the cases, and the investigation encompassed thousands of hours of video footage reviewed by law enforcement and civilians in an attempt to identify everyone who entered the Capitol that day.

The pardons, said University of Virginia Law Professor Saikrishna Prakash, nullify that.

“Any pardon that’s not given to people you think are innocent is in tension with the law,” Prakash said. “That tension is especially there if the person admits to having done the thing.”

Out of the people charged, 1,009 pleaded guilty, the U.S. Attorney’s office said. Another 221 were convicted at trial. About 1,100 have had their cases completely adjudicated. Of those, the government said, 667 received sentences of incarceration. Another 145 were sentenced to home confinement.

Trump’s order on Monday said that the U.S. attorney general is to issue a certificate of pardon for all of those being held in prison and dismiss with prejudice all pending indictments.

Seman said he was hoping to receive instructions from the Justice Department about what, if anything needs to be filed.

“It’s an absolutely unprecedented situation in American jurisprudence,” he said.

In some instances, federal prosecutors have already filed notice of the pardons.

In at least one pending, local case for Jeremy Vorous, whose trial was scheduled for April, the assistant U.S. attorney filed a motion to dismiss the indictment with prejudice on Tuesday.

Komron Jon Maknoon, a lawyer in Sewickley, represents four Jan. 6 defendants. He’s been telling his clients to call their probation officers to get some guidance.

“It’s just working it through the process of the courts to the field offices,” he said.

Joe Otte, an attorney in Downtown Pittsburgh, represented two people charged in the Jan. 6 case.

His understanding is that the Justice Department will process the pardons and get them posted to each individual’s docket for the courts to then follow up. Otte believes, however, that the previous criminal records for each defendant will remain publicly available.

Different takes

In President Joe Biden’s last weeks in office, he commuted the sentences of about 4,000 people in prison and pre-emptively pardoned members of his administration to guard against potential revenge under Trump.

He also pardoned his own son and, on his way out of the White House on Monday, his siblings and their spouses.

David Hickton, a former U.S. attorney in Pittsburgh and Barack Obama appointee, said he was disappointed in both Biden and Trump for what he called “their expansion and misuse of the presidential pardon power.”

“For example, I am revolted at the commutation of the sentences of the Kids-for-Cash judge and the [Gregory] Podlucky case which I prosecuted,” Hickton said — both part of Biden’s orders in December.

Kids for Cash refers to a former judge in Northeast Pennsylvania who gained notoriety for a scheme to send children to for-profit jails in exchange for kickbacks. Podlucky was the former chairman and CEO of a now-defunct Latrobe beverage and bottling company who was sentenced to 20 years in federal prison in 2011 for his role in a multimillion-dollar fraud scheme.

U.S. Sen. John Fetterman, D-PA, addressed the pardons Tuesday in a statement.

“I disagreed with some of President Trump’s pardons — especially any violence directed at the police — just like I disagreed with some of President Biden’s,” Fetterman said. “I strongly believe in accountability for crime and a path to redemption in second chances for people who deserve them.

“But redemption can’t become a political tool. When we weaponize our judicial system for political gain, we damage our nation’s confidence in the system altogether.”

Prakash, the University of Virginia law professor, said there is tension between the use of pardons and the rule of law, which enshrines the notion that everyone is subject to our laws regardless of position or power.

“On one hand, this is creating targeted exceptions to the rule of law,” he said.

But, Prakash continued, pardon power also comes from the Constitution.

“The system has decided this is a prerogative of law,” Prakash said.

Hickton noted that 400 of the people pardoned by Trump were convicted of assaulting a police officer.

“In the case of Jan. 6, no matter how strongly those defendants believed in their position, violence is criminal and unacceptable,” Hickton said. “We need to reexamine the law on pardons and at least apply the law as it exists.”

To qualify for a pardon, a defendant must admit guilt and express contrition, according to Hickton. Their application must also be reviewed before arriving at the president’s desk.

“That has not happened here,” Hickton said.

The politicization of the criminal justice system, he continued, is bad for the country.

“We need people to trust and believe that justice is blind and that equal justice under the law is delivered as promised in the Constitution and Bill of Rights just as we were taught in grade school.”

Who is affected in Southwestern Pennsylvania

This list was compiled through the use of federal court records in Washington, D.C., and a database maintained by NPR.

• Joshua Lee Atwood, 31, of Burgettstown, pleaded guilty to assaulting, resisting, or impeding certain officers using a dangerous weapon; sentenced Dec. 20 to 48 months incarceration; 36 months supervised release and $2,000 restitution.
• Melanie Archer, 42, of Sharpsburg, pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced on Feb. 9, 2023, to 18 months probation; 50 hours of community service and $500 restitution.
• Pauline Bauer 53, of Kane, McKean County; convicted in a bench trial on Jan. 24, 2023 of obstruction of an official proceeding; entering and remaining in a restricted building; disorderly or disruptive conduct in a restricted building; disorderly and disruptive conduct in any of the Capitol Buildings with the intent to impede, disrupt, and disturb the orderly conduct of a session of Congress or either House of Congress; sentenced to 27 months of incarceration with credit for time served; 24 months of supervised release and restitution of $2,000
• William Blauser Jr. 74, of Ludlow, McKean County; pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced on Feb. 3, 2022, to pay a $500.00 fine and $500 in restitution.
• Jordan Bonenberger 26, of Cranberry Township; pleaded guilty to one charge: parading, demonstrating or picketing in a Capitol building; sentenced on Sept. 5, 2023, to 18 months of probation; $2,000 fine, $500 restitution and 50 hours of community service.
• Samuel Christopher Fox, of Mt. Pleasant; pleaded guilty to one charge: parading, demonstrating or picketing in a Capitol building; sentenced April 5, 2022, to 36 months of probation with 60 days home detention; a fine of $2,500 and restitution of $500
• William Irvin Fuller, 31, of Mt. Pleasant; pleaded guilty to two charges: disorderly conduct in a Capitol building; parading, demonstrating or picketing in a Capitol building. Sentenced on Nov. 8 to 36 months probation with 60 days of location monitoring; and $500 restitution.
• Kenneth Grayson 51 , of Bridgeville, pleaded guilty to interfering with a law enforcement officer during a civil disorder; sentenced on Dec. 19, 2022, to two months incarceration, two years of supervised release and restitution of $2,000.
• Jennifer Marie Heinl 43, of Ross; pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced on June 8, 2022, to two years probation; 14 days of intermittent incarceration; 50 hours of community service and $500 restitution.
• Debra J. Maimone, 27, of New Castle; pleaded guilty to theft of property; sentenced on Aug. 25, 2023, to two years probation; $1,806 restitution; 100 hours of community service; 120 days of location monitoring.
• Jorden Robert Mink 27, of Oakdale; pleaded guilty to assaulting, resisting or impeding certain officers using a dangerous weapon and theft of government property; sentenced on June 2, 2023, to 51 months incarceration; 36 months supervised release and $2,000 restitution.
• Robert Morss 28, of State College. At a stipulated bench trial on Aug. 23, 2022, Morss was found guilty of robbery; assaulting, resisting or impeding certain officers; and obstruction of an official proceeding; sentenced on May 24, 2023, to 66 Months of Incarceration; 24 Months of Supervised Release;and $2,000 in restitution.
• Matthew Perna 36, of Sharon, pleaded guilty to all charges. The Mercer County Coroner’s office confirmed that Perna committed suicide at his residence on Feb. 25, 2022.
• Nicholas J. Perretta 27, of Baden, pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced Jan. 5, 2022, to 30 days incarceration and $500 restitution.
• Russell James Peterson 34, of Rochester, Beaver County; pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced Dec. 1, 2021, to 30 days incarceration and $500 restitution.
• Rachel Marie Powell 40, of Sandy Lake, Mercer County; found guilty on July 18, 2023, in a bench trial of civil disorder, disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon, engaging in physical violence in a restricted building and destruction of government property; sentenced to 57 months incarceration; 36 months supervised release; restitution of $2,753 and a fine of $5,000; The appellate court vacated her obstruction charge and resentencing was continued to Jan. 24.
• Tristan Sartor 26, of Ruffs Dale; pleaded guilty to disorderly conduct in a Capitol building and parading, demonstrating or picketing in a Capitol building; sentencing set for Feb. 28.
• Dale Jeremiah Shalvey; pleaded guilty to two charges: assaulting, resisting or impeding certain officers and obstruction of an official proceeding. Sentenced on May 11, 2023, to 41 months of incarceration; 24 months of supervised release and $2,000 restitution.
• Julia Jeanette Sizer 38, of Ellwood City; pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced Feb. 1, 2022, to 12 months probation; $2,000 fine and $500 in restitution.
• Brian Douglas Sizer 48; pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced April 5, 2023, to 12 months probation and $500 restitution.
• Mikhail Edward Slye 32, of Meadville; pleaded guilty to assaulting, resisting or impeding certain officers; sentenced on June 15, 2023, to 30 months incarceration; 18 months supervised release and $2,000 restitution.
• Philip C. Vogel, 33, of New Castle, pleaded guilty to theft of property; sentenced on Aug. 25, 2023, to 30 days incarceration; one year of supervised release; $1,806 Restitution and 100 hours of community service
• Jeremy Vorous 43, of Meadville, pleaded not guilty to Multiple counts of civil disorder; assaulting resting or impeding officers; entering and remaining in a restricted building with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building with a deadly or dangerous weapon; and parading, demonstrating or picketing a Capitol building. On Sept. 6, the court dismissed the obstruction charge. Jury trial set for April 22.
• Mitchell Paul Vukich, of New Brighton; pleaded guilty to parading, demonstrating or picketing in a Capitol building; sentenced Jan. 5, 2022, to 30 days incarceration and $500 restitution.