An order barring commuted defendants on Jan. 6 from entering Washington, D.C., and the U.S. Capitol could raise constitutional challenges, a legal expert said.
In a filing Friday, Judge Amit P. Mehta clarified the order applied to “defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel and Joseph Hacket,” whose sentences were been commuted. Pardoned individuals are not subject to the order.
Rhodes, founder of the Oath Keepers, was previously seen in the Longworth House office building in the Capitol complex. He was convicted of seditious conspiracy.
PRO-LIFE PROTESTERS FORGIVED BY TRUMP, FOX CONFIRMS
The order states: “You must not knowingly enter the District of Columbia without first obtaining permission of the court. » It adds: “You must not knowingly enter the United States Capitol building or the surrounding grounds known as Capitol Square. »
An order barring commuted defendants on Jan. 6 from entering Washington, D.C., and the U.S. Capitol could raise constitutional challenges, a legal expert said. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
The filing says the order goes into effect at noon Friday. Later that day, the Justice Department filed a motion to lift the order.
“If a judge ruled that Jim Biden, Gen. Mark Milley or anyone else was barred from traveling to the U.S. capital — even after receiving a last-minute preemptive pardon from the former president — I believes most Americans would object The individuals mentioned in our “The sentence has been commuted (term and end of sentence,” Acting U.S. Attorney Edward Martin said in a statement.
“This is a very unusual order,” Jonathan Turley, a Fox News Media contributor and Shapiro Professor of Public Interest Law at George Washington University, told Fox News Digital. “The judge relies on the fact that the sentences were commuted, but that the accused did not benefit from a total pardon.”
TRANSPORTED JAN. 6 DEFENDANTS BANNED FROM DC, CAPITOL BUILDING BY FEDERAL JUDGE
Ron Coleman, an attorney with Dhillon Law Group, called the order “news.”
Stewart Rhodes, founder of the Oath Keepers, was convicted of seditious conspiracy. (AP Photo/Susan Walsh, file)
“It is unclear on what basis the court could have asserted jurisdiction over a person who was pardoned for the conviction that is presumably the basis for the order or what the legal grounds are for making Washington , D.C., the kind of national capital, like Moscow in the old USSR, that a citizen needed permission to enter,” Coleman said.
NANCY PELOSI SLAMS TRUMP’S “SHAMEFUL” PARSONS FOR JAN. 6 DEFENDANTS
Turley said that while the new order could “prove to be a factor” in President Donald Trump’s decision to grant full pardons to people whose sentences have been commuted, “it is unclear whether an order will prompt Trump to reconsider his decision to offer only sentence commutations.
Turley noted that the order could raise constitutional challenges, including First Amendment implications.
Trump pardoned nearly all of the Jan. 6 defendants earlier this week after promising to do so during his inaugural parade. (Reuters/Carlos Barria)
“I think the court effectively prohibits these individuals from being able to associate with or petition government officials without prior approval of the court,” Turley said. “This could raise issues under the First Amendment.
“I expect these individuals to challenge this decision.”
Trump pardoned nearly all of the Jan. 6 defendants earlier this week after promising to do so during his inaugural parade.
THE DOJ IS CONSIDERING CHARGING 200 MORE PEOPLE 4 YEARS AFTER JANUARY. 6 ATTACK ON THE CAPITOL
Trump signed on Monday free more than 1,500 people accused of crimes from the January 6, 2021 attack on the U.S. Capitol. The order required the Federal Bureau of Prisons to act immediately upon receipt of the pardons.
Among those pardoned as part of his initial ruling was Enrique Tarrio, the former president of the Proud Boys, who faced a 22-year prison sentence for seditious conspiracy.
CLICK HERE TO GET THE FOX NEWS APP
Fox News’ David Spunt, Diana Stancy and Jamie Joseph contributed to this report.
