Former Jan. 6 prosecutor warns Trump’s pardons could encourage future political violence

WASHINGTON (AP) — Michael Romano spent more than 17 years at the Justice Department, eventually becoming a supervisor on the team that would prosecute more than 1,500 people charged in the attack on the U.S. Capitol.

The moment he watched the largest investigation in department history get wiped away with the stroke of a pen — on President Donald Trump’s first day back in the White House — Romano knew he had to leave.

“I knew on January 20th, when the pardons were announced, that I needed to find my way out,” Romano said in an interview with The Associated Press weeks after his resignation from the Justice Department. “It would be untenable for me to stay, given the pardons and given the false narratives that were being spread about January 6.”

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Now, Romano says he fears Trump’s decision to pardon even the most violent rioters — whom his own vice president once said “obviously” shouldn’t be pardoned — could embolden right-wing extremists and encourage future political violence.

“The way that the pardons have been received by the January 6th defendants and by other right-wing extremists, as I understand it, is to recognize that if you support the president and if you commit violence in support of the president, that he might insulate you from the consequences, that he might protect you from the criminal justice system,” Romano said. “And so that might encourage people to commit these sort of acts.”

Romano is among dozens of Justice Department lawyers who have resigned, been pushed out or fired in the weeks since Trump’s new leadership has taken over and begun making sweeping changes to align the law enforcement agency with the priorities of the Republican president whom the department once prosecuted.

Trump’s return to the White House has ushered in a dizzying change for many in the Justice Department, but perhaps few have felt it more than the lawyers who spent years working on the largest-scale serious attack on the Capitol since the war of 1812.

As a deputy chief of the now-disbanded Capitol Siege Section that prosecuted the Jan. 6, 2021, riot, Romano had a close-up view of the evidence, including harrowing videos and court testimony detailing the violence that unfolded when the pro-Trump mob stormed the Capitol as lawmakers met to certify former President Joe Biden’s 2020 victory.

Romano joined the Justice Department in 2007 straight out of law school, and was working in the section in Washington that handles public corruption cases on Jan. 6, 2021. He recalled watching the riot unfold on television, and quickly deciding he wanted to help with the prosecution of what he described as a “crime of historic proportions.”

Trump’s pardons cemented the president’s yearslong campaign to rewrite the history of the Jan. 6 attack.

While vying to return to the White House, Trump repeatedly downplayed the violence that left more than 100 police officers injured, and lauded the rioters as patriots and hostages whom he contended were unfairly persecuted by the Justice Department for their political beliefs. Only two Capitol riot defendants were acquitted of all charges, which Trump supporters cited as evidence that Washington juries can’t be fair and impartial. Some Jan. 6 defendants are now considering running for office.

The scope of Trump’s clemency hours after the inauguration came as a surprise to many, considering the president had suggested in the weeks prior that instead of blanket pardons, he would look at the Jan. 6 defendants on a case-by-case basis. Trump’s proclamation described the prosecution as “a grave national injustice” and declared that the pardons would begin “a process of national reconciliation.”

Trump’s pardons led to the release from prison of the leaders of far-right extremist groups convicted of orchestrating violent plots to stop the peaceful transfer of power as well as rioters convicted of brutal attacks on police — many of whose crimes were captured on camera and broadcast on live TV. Trump has defended his pardons, saying the sentences handed down for actions that day were “ridiculous and excessive” and that “these are people who actually love our country.”

Romano said the notion that the Jan. 6 defendants were not treated fairly by in the justice system or not given the due process they were entitled is “simply not true.” In many cases, he said prosecutors had overwhelming evidence because the defendants “filmed themselves proudly committing crimes.”

“They had the full protection of rights guaranteed to them by the American justice system and the Constitution,” Romano said. “It was my experience when dealing with these cases and seeing the way that the rioters and some of their attorneys behaved in court, that their take was that they should be treated like heroes and not prosecuted at all.”

Despite the pardons, Romano said he still believes that the Capitol Siege Section’s work was important because it left behind a “historical record” of what happened on Jan. 6 that cannot be changed.

“In light of the efforts to whitewash the history of that day, in light of the efforts for people to lie about that day for their own benefit, which is what’s happening, it’s important that people really understand the truth about what happened on January 6th,” he said.