Judge Denies Jan. 6 Defendant Request Amid Hope of Trump Pardon

A New Jersey woman who was convicted in the January 6, 2021, riot at the U.S. Capitol was denied staying her sentencing date in hopes of receiving a pardon from President-elect Donald Trump.
The defendant, Anna Lichnowski, had requested to push back her sentencing date scheduled for November 8 in light of Trump’s victory this week. In a motion filed on Thursday, she stated that the former president “has pledged that he will consider pardons for many of the January 6th defendants.”
Lichnowski was found guilty in July of four misdemeanor charges, including entering and remaining in a restricted building, disorderly conduct in a restricted building, disorderly conduct in a Capitol building, and demonstrating in a Capitol building. She is set to face sentencing on Friday and could face up to a year in prison.
U.S. District Judge Reggie Walton of Washington, D.C., denied Lichnowski’s request on Thursday, writing that “the potential future exercise of the discretionary pardon power, an Executive Branch authority, is irrelevant to the court’s obligation to carry out the legal responsibilities of the Judicial Branch.”
An attorney for Lichnowski told Newsweek via email Thursday that the defense team has “no comment” ahead of Friday’s sentencing.
The president-elect repeatedly promised to grant pardons to some people charged in connection with January 6. Trump’s return to the White House likely means that the Department of Justice will drop his federal charges related to his efforts to overturn the 2020 election.
In her motion on Thursday, Lichnowski said that since her charges “do not involve violence” and that she “does not have a criminal record,” she is “a good candidate for a pardon.” According to an affidavit from the FBI, Lichnowski entered the U.S. Capitol building through the Senate wing door—which January 6 rioters broke—while Congress was certifying Joe Biden’s election win.
Around 1,500 people have been charged in connection to January 6, including the leader of the far-right group Proud Boys, who was sentenced to 22 years in prison in 2023 after being convicted of seditious conspiracy and other charges. Leaders from the Oath Keepers group, another far-right movement that backed Trump’s presidential run in 2020, have also been charged and issued prison sentences.
Trump has described January 6 as a “day of love” and has described those charged in connection to the Capitol breach as “hostages” and “political prisoners.” It remains unclear if he will follow through on his promise to offer pardons to those convicted.
“If I win, we will treat those people from Jan. 6 fairly, and if it requires pardons, we will give them pardons because they are being treated so unfairly,” Trump said in Waco, Texas, last year when he launched his reelection campaign.
In an email on Thursday, a spokesperson for the Trump-Vance transition team told Newsweek that the president-elect “will make pardon decisions on a case-by-case basis.”
Earlier this week, a North Carolina man who was convicted of felony obstruction in connection to January 6 also asked to have his sentencing delayed in light of Trump’s victory. The defendant, Christopher Carnell, filed his request just hours after Trump was declared the winner of the 2024 election over Vice President Kamala Harris, according to The New York Times.
“As of today, Mr. Carnell is now awaiting further information from the Office of the President-elect regarding the timing and expected scope of clemency actions relevant to his case,” the motion read.
Update 11/07/24, 10:20 p.m. ET: This article has been updated with additional comment from Lichnowski’s defense team.