WASHINGTON (AP) — On Wednesday, a federal judge scrutinized the Justice Department’s changing position regarding the scope of a presidential pardon granted to a Kentucky man involved in the Capitol riot. U.S. District Judge Dabney Friedrich questioned a prosecutor about the department’s shift from initially believing that the pardon did not cover the man’s firearms convictions to later clarifying that it did.
Judge Friedrich expressed concern over the inconsistency in interpreting the pardon, stating that its meaning should not be constantly shifting. She found it remarkable that the Justice Department now asserts that President Donald Trump’s pardons for Capitol rioters extend to crimes related to illegal possessions uncovered during investigations.
Assistant U.S. Attorney Jennifer Blackwell explained that the department had gained a better understanding of Trump’s intent with the pardons over time, indicating that the pardon was meant to include the man’s firearms convictions. The judge noted that the Bureau of Prisons mistakenly released the man following the pardons and raised questions about the need for a clearer pardon from Trump to avoid ambiguity.
Despite arguments from the man’s attorney, George Pallas, that the judge lacks the authority to interpret the scope of the pardons, Friedrich emphasized that she is focused on adhering to the language of the pardons. She pondered how far the interpretation of the pardons could stray from their text and urged for clarity to prevent ongoing reinterpretation.
While the Justice Department determined that Trump’s pardon applied to certain convictions of another Capitol riot defendant, Jeremy Brown, it also found that the pardons did not cover all charges against other riot defendants. The judge is deliberating on the situation and considering a delayed reporting date for the man in question as she contemplates a ruling.
Edward Kelley was found guilty in November on several charges, one of which was conspiracy to murder federal employees, stemming from allegations that he formulated a scheme to eliminate law enforcement personnel. His sentencing is set to take place in May.
