By Steve Neavling
The Department of Justice has widened its interpretation of former President Donald Trump’s pardons for Jan. 6 defendants, now applying clemency to separate but related gun charges stemming from FBI searches.
Federal prosecutors this week asked judges to dismiss gun cases against two former Jan. 6 defendants, Elias Costianes of Maryland and Bryan Ball of Florida. Both had been charged after FBI agents allegedly found firearms in their possession during the Capitol riot investigation.
Trump’s pardon order, issued on his first day in office, covered “offenses related to events that occurred at or near the United States Capitol” on Jan. 6, 2021. Initially, the DOJ continued pursuing unrelated charges, including firearms violations. But this week’s filings indicate a shift.
Costianes had been arrested for storming the Capitol and later pleaded guilty to possessing a firearm as an unlawful drug user. He began serving a one-year prison sentence this month. The DOJ now argues his case falls under Trump’s pardon.
“He should be immediately released from custody,” prosecutors wrote.
Ball, a convicted felon, was arrested on riot-related charges, and prosecutors later indicted him for illegal firearm possession. The DOJ initially pursued the gun case, but this week, it moved to drop the charges.
It’s unclear how broadly Trump’s pardons will be applied. In another case, a Jan. 6 defendant from North Carolina faces federal child pornography charges stemming from the investigation. DOJ lawyers wrote that each case requires a “fact-intensive and case-specific inquiry.”
