Lawmakers disagree over Trump Capitol riot pardons

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Rachel Looker

BBC News, Washington

Some Republicans appear to disagree with President Donald Trump's decision to pardon or commute the sentence of nearly 1,600 of his supporters who were arrested in the riot at the US Capitol in 2021.

Republican US Senator Lindsey Graham, a close ally of the president's, told NBC News on Sunday that he thinks it's a mistake to pardon or commute the sentences of "people who went into the Capitol and beat up a police officer violently".

At least 600 rioters were charged with assaulting or obstructing law enforcement officers.

The order has put Republicans in a difficult position: Either defend the pardons - which appear unpopular with voters - or oppose them and potentially face Trump's ire.

A recent Associated Press survey suggests that only two in 10 Americans approve of pardoning most of those involved in the attack.

Graham acknowledged that the president "has that power" in an interview with CNN on Sunday, but he said he did not approve of its use by Trump or his predecessor - Joe Biden.

Just before leaving office last week, the former president pardoned members of his own family and an indigienous-rights activist who was involved in a shootout that killed two FBI agents.

"I don't like it on either side, and I don't think the public likes it, either," he told CNN.

Graham said he had spoken to Trump about the order and suggested that Congress may have to review the president's pardon power.

Earlier in Trump's first week, Republicans such as Alaska Senator Lisa Murkowski and former Senate Republican leader Mitch McConnell expressed their displeasure over the president's order.

Still, other Republicans have come to Trump's defence.

On Sunday, Vice-President JD Vance told Margaret Brennan of CBS, the BBC's US partner, that Trump made the right decision pardoning and commuting the sentences of the rioters.

"We looked at 1,600 cases and the thing that came out of it... is that there was a massive denial of due process of liberty, and a lot of people were denied their constitutional rights," Vance said, adding that the Department of Justice's prosecution of the rioters was "politically motivated".

"The president believes that. I believe that and I think he made the right decision," he said. "We rectified a wrong and I stand by it".

It's a new position for the vice-president who indicated two weeks ago that that rioters who committed violence during the attack should not receive pardons.

"If you protested peacefully on 6 January and had Merrick Garland's Department of Justice treat you like a gang member, you should be pardoned. If you committed violence on that day, obviously you shouldn't be pardoned," he said in previous statements to US media.

Republicans, such as Senate majority leader John Thune and House Speaker Mike Johnson, have sidestepped discussing Trump's Capitol riot order by maintaining that their focus is on the country's future.

Meanwhile, Trump's decision has not sat well with Democrats.

A group of Senate lawmakers on Monday will seek to pass a resolution that formally condemns the pardons of rioters convicted of assaulting police officers on the day of the Capitol attack, according to reporting from CBS News, the BBC's US partner.

"I refuse to allow President Trump to rewrite what happened on January 6 - armed insurrectionists, incited by Trump himself, broke into the U.S. Capitol and violently assaulted Capitol Police officers in their attempt to overthrow a free and fair election," said Senator Patty Murray, a Democrat from Washington state.

The resolution is unlikely to pass in the Republican-controlled Senate, but it could force lawmakers to take a public position on Trump's decision.

Most members of the president's party have been pleased with Trump's ambition to fulfill a long list of his campaign promises quickly by signing hundreds of execution actions.

In many instances, these actions reversed Biden-administration policies.

Trump halted foreign aid as part of his "America-First" foreign policy agenda, rescinded sanctions on extremist Israeli settlers and revoked a mandate that federal workers must be vaccinated against Covid.

"He's not sitting in the Oval Office doing nothing," Vance told CBS. "He's doing the American people's business, and I think they're going to see a lot of good effects from it."

Vance called it "an incredible breakneck pace of activity".

"I think the president is to be commended for actually coming in and doing something with this incredible mandate the American people gave him," he added.

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