The president pardoned more than 1,500 criminal defendants on Jan. 6, some of whom may not be done with their ordeal yet Donald Trump, That comes as some prosecutors are currently investigating whether certain people, particularly those accused of violent crimes, can be charged at the state or local level.

The loophole was raised by Philadelphia District Attorney Larry Krasner, who told CNN that his office was looking into pardoning or commuting the sentences of some Pennsylvania inmates who were pardoned or had their sentences commuted in the first round. The possibility of state residents filing charges related to state elections or conspiracy. One week into the Trump presidency.

In theory, Krasner’s office could take action against more than 100 Pennsylvania residents who have received full pardons or commutations, including a Philadelphia Proud Boys leader who was sentenced to 15 years in prison for seditious conspiracy charges and another who was sentenced to 15 years in prison. Pittsburgh-area man jailed for years. Jailed for 14 years for pepper-spraying police, throwing folding chairs at police and brandishing a large wooden tire thumper,” According to the Department of Justice.

Krasner declined to elaborate further on how or whether his office would act on the state charges, and his office did not respond to several requests for comment from Fox News Digital.

Krasner insisted, however, that in his view “there is a path” to charging individuals on Jan. 6, not just those who live in the Keystone State.

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Philadelphia District Attorney Larry Krasner insists he believes “there is a path” to bringing charges for crimes related to Jan. 6, 2021. (Matt Locke/AP)

Trump’s decision to sign sweeping pardon bill released More than 1,500 people Charged in connection with the Jan. 6, 2021 breach at the U.S. Capitol. More than 100 police officers were injured, according to officials, and the incident ultimately triggered the largest investigation in FBI history.

“In many cases, people who have been granted pardon by the federal government can be pursued,” Krasner said. tell CNN Thursday.

“The focus of most state prosecutors should be on what happens within their jurisdiction,” he said. “Texts, phone calls, emails, transportation or hotel reservations. Conspiracy activity may result in local charges – that is, state charges – conspiracy to commit a crime.”

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President Donald Trump (right) signs pardons for the January 6 defendants in the Oval Office of the White House in Washington, DC, January 20, 2025. (Carlos Barria/Reuters)

Legal barriers, “double jeopardy” concerns

Still, that’s not to say the strategy doesn’t have significant hurdles.

Those seeking to bring state charges against the Jan. 6 rioters will almost certainly find themselves in a complex legal minefield, former prosecutors told Fox News Digital.

Difficulty is ensure that the state convicts It is not the seriousness of the crimes committed by the rioters on January 6 – which included seditious conspiracy and conspiracy to obstruct official proceedings, as well as assault and battery on police officers – but rather the question of jurisdiction and broad double jeopardy protections.

The facts here are particularly complicated because both Washington, D.C., and the U.S. Capitol fall under federal court jurisdiction, former U.S. Attorney Andrew McCarthy explained in a Thursday release to Fox News Digital.

That means any criminal conspiracy would essentially be at the federal level — a complex Catch-22 that state prosecutors would have a hard time isolating in court.

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Pro-Trump protesters clashed with police at the U.S. Capitol in Washington on January 6, 2021. President Donald Trump used his first day in office in 2025 to issue blanket pardons to more than 1,500 individuals charged in connection with the riots. (Shannon Stapleton/Reuters)

State prosecutors also have very narrow scope in trying to prove new crimes.

That’s because they must do so while respecting the broad double jeopardy protections contained in the U.S. Constitution, which prevent individuals from being tried twice for the same case. This also means they cannot be tried twice for the same act.

In fact, for state prosecutors to bring charges against individuals, they must prove that the continuing action was focused on correcting a “distinguished injury or evil” from the federal charges, and it’s unclear whether states can meet that burden of proof.

McCarthy and other lawyers pointed to a 2019 decision by a New York judge to dismiss a 16-count indictment brought by state prosecutors against former Trump campaign chairman Paul Manafort, citing a double jeopardy clause, ruling The behavior isn’t different enough.

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Pro-Trump supporters storm the U.S. Capitol after a rally with President Donald Trump in Washington, D.C., January 6, 2021 (Samuel Colum/Getty Images)

It’s unclear how or whether any of the charges brought by state prosecutors would satisfy the test of proving “a very different kind of harm or evil” — but Krasner, a self-described Democrat, has been a prosecutor for more than 20 years Officer, he said he believed it.

He is not alone in this view. A partner at the Democratic-aligned Elias Law Group told Fox News Digital in an emailed statement on Friday that they believe “any individual who committed a crime that day should be held accountable.”

“If any rioters may have violated state law, state and local law enforcement officials will review the facts and pursue charges as appropriate,” the attorneys said. “Regardless of President Trump’s political motivations, the rule of law must be upheld.”

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Republicans are forced to walk a delicate line in the wake of President Donald Trump’s pardons – facing tough questions about what the pardons mean for a party long seen as “pro-blue.” (Kevin Lamarck/Reuters, Pool)

Meanwhile, Republicans have been forced to walk a delicate line in the wake of Trump’s pardons – facing tough questions about what the pardons mean for a party long seen as “pro-blue” and pro-police protection. What.

Used by Vice President JD Vance CBS News Interview On Sunday, he tried to soften his previous remarks by accusing former Attorney General Merrick Garland of “double standards in sentencing J6 protesters and other groups.”

Former U.S. Senator Vance previously told Fox News that those involved in the “obvious” violence on January 6 should not be pardoned.

Meanwhile, House Speaker Mike Johnson, R-Louisiana, told reporters on Wednesday that “the president has made a decision.” “I’m not going to second-guess that,” Johnson said.

Republican Sen. Lisa Murkowski of Alabama told reporters she was “disappointed” in the decision to pardon violent offenders, including those convicted of violence against police officers. (Al Drago/Bloomberg via Getty Images)

Others were more direct in their criticism.

Republican Sen. Lisa Murkowski of Alabama told reporters she was “disappointed” in the decision to pardon violent offenders, including those convicted of violence against police officers.

“I do worry about the message that is being sent to these great men and women who support us,” she said.

Senate Minority Leader Chuck Schumer of New York agreed, telling reporters the pardon was “very un-American.”

“Let’s be clear, President Trump didn’t just pardon protesters,” Schumer said. “He pardoned individuals who were convicted of assaulting police officers. He pardoned individuals who were convicted of seditious conspiracy. He also pardoned individuals who were convicted of assaulting police officers. Pardon those who tried to undermine our democracy.”

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Before Trump was pardoned, more than 200 people were detained in the federal Bureau of Prisons system. By Tuesday morning, all had been released, officials said Associated Press.

Ed Martin, a defense attorney representing three men charged in the Jan. 6 riot, was recently appointed acting U.S. attorney for the District of Columbia.

Martin Motion made on Friday Removes all remaining conditions imposed on defendants whose sentences were commuted on January 6, including restrictions prohibiting certain individuals from entering Washington, D.C., or the U.S. Capitol.