Donald Trump's promise to pardon his supporters who attacked the Capitol shows he is openly "assuring insurrectionists" they will not face repercussions for their actions as well as openly promoting "solicitation of crime," according to a legal expert.
The former president has been criticized after he recently told a crowd of his supporters at a rally in Texas that he would pardon those who attacked the Capitol on January 6, 2021, in support of his "rigged" election conspiracy if he is voted into the White House again.
Trump has since doubled down on his remarks, telling Newsmax that he would "absolutely" pardon those convicted over the January 6 riot, while attacking Senator Lindsey Graham who suggested the remarks were "inappropriate" and could fuel further violence.
Speaking to Newsweek, Barbara McQuade, a University of Michigan law professor and U.S attorney for the Eastern District of Michigan from 2010 to 2017, said that Trump's comments about former Vice President Mike Pence and the January 6 rioters are not only "particularly troubling" but also encouraging future attacks.
"He is assuring insurrectionists that as long as they are successful and returning Trump to power, they will be protected. In some ways, this is a solicitation of crime occurring right before our eyes," said McQuade.
"By urging people to take to the streets, Trump is almost warning the Justice Department of the risks of charging him with a crime. He seems to be sending a warning shot that charges against him will provoke violence, perhaps hoping that the DOJ will calculate that filing charges it's just too dangerous."
Trump has also recently launched a scathing attack on his former vice president, Mike Pence, while repeating the false claim that he had the power to stop the 2020 election results from being certified during his purely ceremonial role as presiding officer of the Senate.
However, in the statement released Sunday, Trump revealed for the first time that the pressure he was putting on Pence to support his false voter fraud claims was due to the belief he "could have overturned the Election!"
McQuade said the remarks could also have major repercussions for the inquiries into the former president if they are taken as an admission of guilty.
"There is a reason that lawyers usually advise their clients not to make public statements when they are under investigation, and that is that they sometimes inadvertently make admissions against their interest," said McQuade.
Trump and his allies are under intense scrutiny from the House Select Committee investigating the January 6 attack, which the former president was impeached for allegedly inciting.
There is also the possibility that Trump could face criminal charges from Georgia prosecutors who are looking into his phone call with Brad Raffensperger, Georgia's secretary of state, in which the former president asked for him to "find 11,780 votes" in order to help him win the election.
Joshua Scacco, an associate professor of political communication at the University of South Florida, believes Trump's comment about Pence "unfortunately" not overturning the election results and the January 6 pardons are an attempt for the former president to "get out ahead of the message" so there won't be any "bombshell" revelations in the future.
Scacco said this is behavior which was often seen by Trump during his presidency, where first he denies any wrongdoing before "moving into the stage of 'I didn't do it. However, if I did, it would be fine,'" to finally an outright acknowledgment.
"Trump is saying what the rioters did in terms of the insurrection was fine," Scacco said. "That the actions leading up to it were meant to correct an egregious wrong that he perceived. Now there is the final admission that it was really to overturn the election."
Rep. Adam Kinzinger of Illinois, one of two Republican members of the House committee investigating the attack on the Capitol, previously described how Trump's statement about Pence was an "admission" of his intentions.
"It is time for every Republican leader to pick a side...Trump or the Constitution, there is no middle on defending our nation anymore," Kinzinger tweeted.
