Donald Trump is trying to find ways to protect the January 6 rioters.

The return of Donald Trump to the presidency has already disrupted the Justice Department's efforts to prosecute those involved in the January 6 Capitol attack. Despite not yet taking office, Trump’s looming presidency and campaign promises have thrown the ongoing investigations and prosecutions into turmoil.

The Justice Department has undertaken the largest criminal probe in U.S. history, resulting in over 1,570 arrests across nearly all 50 states. Even four years later, arrests are still being made, with recent cases involving violent actions such as attacks on law enforcement officers and vandalism of federal property.

However, the prospect of Trump’s presidential pardons has cast a long shadow over these efforts, leading to stalled plea deals and shifting priorities within the investigation.

For the roughly 300 unresolved cases related to the Capitol riot, Trump’s election victory has essentially frozen plea negotiations. Historically, most federal criminal cases, including those linked to January 6, are resolved through plea agreements. Yet the current political landscape has created uncertainty. Many defendants, buoyed by Trump’s public promises of pardons, are no longer willing to negotiate deals.

Defense attorneys are advising their clients to delay proceedings, hoping to benefit from clemency under the new administration. Some defendants have even cited Trump’s pardon pledge during court proceedings, rejecting offers from prosecutors and expressing confidence in a more favorable outcome under his presidency.

This shift in strategy has significantly impacted how the Justice Department handles these cases. Resources are now being allocated toward prosecuting individuals accused of committing felonies, particularly those who assaulted police officers or engaged in violent actions.

Meanwhile, cases involving nonviolent offenders—those who merely trespassed or breached the Capitol without causing harm—are being deprioritized. Investigators are focusing on the most egregious acts to ensure that limited resources are used effectively. However, this decision is not without its ethical challenges, as it raises questions about whether justice is being served for all who participated in the insurrection.

The changes in focus have not deterred federal law enforcement from pursuing new cases. Recent arrests include individuals charged with smashing Capitol windows, attacking officers with makeshift weapons, and participating in organized attempts to disrupt government proceedings.

These cases underscore the continued efforts to hold perpetrators accountable. Yet, the broader investigation is being conducted under the shadow of potential pardons, which could nullify years of work by prosecutors and law enforcement officials. The anticipation of such political intervention has already affected morale within the Justice Department.

The investigation into the January 6 attack has been a monumental undertaking, requiring extensive resources and coordination. Federal agents have reviewed thousands of hours of surveillance footage, analyzed social media activity, and processed vast amounts of digital evidence to identify and charge individuals involved.

For many law enforcement officials, this work is a matter of principle—an effort to uphold the rule of law and protect democratic institutions. However, the prospect of Trump undermining these efforts through blanket pardons has left many feeling disillusioned.

Former FBI Deputy Director Andrew McCabe described the situation as a blow to the morale of those who have dedicated years to this investigation.

Despite these challenges, the Justice Department has not abandoned its mission. Officials remain committed to pursuing justice, even as they acknowledge the practical limitations imposed by political realities.

While some cases may be deprioritized or dropped, the determination to hold key offenders accountable remains strong. Federal officials liken the situation to running a marathon, where setbacks and obstacles are inevitable but do not justify abandoning the race. The goal is to see the investigation through, regardless of the political uncertainties ahead.

Looking forward, much depends on Trump’s actions once he takes office. While he has pledged to issue pardons for January 6 rioters, it remains unclear whether he will take steps to shut down the investigation altogether.

Such a move would be unprecedented and controversial, though within the president’s authority. The decision to halt the investigation may hinge on the confirmation of Trump’s appointees to the Justice Department, a process that could delay any immediate action. 

Until then, the Justice Department continues its work, knowing that its efforts could be overturned with the stroke of a pen.

The January 6 investigation represents a pivotal moment in the U.S. justice system, reflecting the challenges of navigating political interference in legal processes.

For those involved, the stakes are not just about individual cases but about the integrity of democratic institutions and the rule of law. Whether these principles will ultimately prevail remains uncertain, as the nation awaits the next chapter in this unfolding story.