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Fact check: Sen. DURBIN: The conduct by some January 6th insurrectionists since their pardons is outrageous.

Checked on June 21, 2025

1. Summary of the results

Senator Durbin's statement about the outrageous conduct of January 6th insurrectionists since their pardons is strongly supported by the available evidence. The analyses reveal multiple concerning patterns of behavior and circumstances surrounding the pardoned individuals.

Criminal histories and continued misconduct: Many of the pardoned January 6th participants had extensive criminal records prior to the Capitol attack, including convictions for violent crimes, domestic violence, child abuse, and sexual abuse [1]. This criminal background provides important context for understanding the nature of those who received pardons.

Financial implications: President Trump's blanket pardons eliminated the requirement for these individuals to pay court-ordered restitutions, effectively transferring the financial burden to taxpayers [2]. This represents a significant cost shift that benefits the pardoned individuals at public expense.

Emboldening effect: The pardons appear to have had a concerning impact on the recipients' attitudes and statements. Pardoned insurrectionists have made calls for retribution and stated they would storm the Capitol again for Donald Trump [3]. This demonstrates an escalation rather than remorse following their pardons.

Expert concerns: Political violence and extremism experts have expressed serious concerns that the mass pardons could create "folk heroes" of figures such as Stewart Rhodes, the leader of the far-right Oath Keepers militia, and establish a "permission structure" for future violence [4].

2. Missing context/alternative viewpoints

The original statement lacks several important contextual elements that would provide a more complete picture:

Scale and scope: The statement doesn't mention that approximately 1,500 individuals received pardons related to January 6th charges [5], which helps contextualize the magnitude of the pardons.

Legal precedent concerns: Missing from Durbin's statement is the broader implication that these pardons could embolden extremists and potentially encourage future similar actions [3] [4].

Alternative perspective: Those who support the pardons would likely argue that the January 6th participants were political prisoners who deserved clemency, and that their post-pardon statements reflect legitimate political expression rather than threats. This viewpoint would benefit Trump supporters and those who view the January 6th prosecutions as politically motivated.

Timing context: The statement doesn't acknowledge that some defendants had already begun requesting delays in their cases in anticipation of potential pardons, suggesting the pardons were expected rather than surprising [6].

3. Potential misinformation/bias in the original statement

Senator Durbin's statement, while factually supported, contains potential elements of political framing that merit examination:

Selective emphasis: The statement focuses specifically on "some" insurrectionists' conduct since pardons, which could be seen as cherry-picking examples to support a particular political narrative. However, the evidence suggests this characterization is accurate based on documented cases [1] [3].

Political motivation: As a Democratic senator, Durbin benefits politically from highlighting negative aspects of Trump's pardons, as this supports Democratic criticism of Trump's actions and could influence public opinion against the former president.

Missing broader context: The statement doesn't acknowledge that the pardons were a campaign promise fulfilled by Trump, which his supporters would view as keeping faith with his base rather than enabling outrageous conduct.

Definitional bias: The use of "outrageous" is subjective and reflects Durbin's political perspective, though the documented behaviors (calls for retribution, willingness to repeat Capitol attacks) could reasonably be characterized as concerning by objective standards [3].

The evidence strongly supports the factual basis of Durbin's statement, even while acknowledging its political context and selective framing.

Want to dive deeper?
What were the terms of the pardons given to January 6 insurrectionists?
How many January 6 insurrectionists have been pardoned as of 2025?
What is the legal basis for the pardons of January 6 insurrectionists?
Have any January 6 insurrectionists been rearrested after their pardons?
What has been the response of Sen. Dick Durbin to the pardons of January 6 insurrectionists?