Following a rather suspect report from Georgia GOP Representative Barry Loudermilk that suggested former Representative Liz Cheney could be prosecuted for investigating the Jan. 6 attack on the Capitol, Donald Trump posted on Truth Social that Cheney “could be in a lot of trouble.”
While it may seem like Trump is eager to see Cheney and others prosecuted for their work on the January 6 Committee, appearances can be deceiving. In reality, Trump likely has another goal in mind. He wants Cheney pardoned.
This might seem counterintuitive, but it makes perfect sense and fits with Trump’s Roy Cohn-style M.O. Despite his aggrieved martyr act, in truth, the last thing Donald Trump wants is to relitigate the Jan. 6 insurrection for a very simple reason—exposure.
Putting Cheney on trial could make her into a hero and Trump the villain. Bringing Jan. 6 back into the spotlight would give Trump’s treachery renewed focus and sap energy from the 100-day chaos festival he and Shadow President Elon Musk have promised.
Let’s not forget that Trump not only led the Jan. 6 rally, but also stirred up his supporters prior to it with relentless lies about the election, was content to let them have weapons, pressured Georgia Secretary of State Brad Raffensperger to “find 12,000 votes” for him, had a fake electors scheme to steal the presidency, brought over 60 frivolous lawsuits to stop the transition of power, and refused to send help to the Capitol when it was being torn apart by his supports.
So Trump definitely doesn’t want to spend the first several months of his presidency with Jan. 6 all over the news again. He knows from the election that he may be able to fool most of the people most of the time, but that doesn’t mean he can keep hurling lies and be sure his opponents miss every pitch—even if they are the Democrats. At a certain point, the American people might just start to connect his actions to his guilt.
There would also be legal hurdles that would be difficult to overcome, despite the Supreme Court granting Trump extraordinary powers. The Constitution’s speech or debate clause provides members of Congress with virtual immunity for acts performed on the floor of the House or Senate, and the Jan. 6 inquiry would fall under that umbrella.
Trump doesn’t want to have to deal with any of it. No, what Trump really wants is a scapegoat. He wants to be able to kvetch about the system and the “Deep State” and have the perfect excuse for doing nothing about this supposed problem. A pardon of Cheney and others would give him exactly that. It would allow him to say, “Look! They’re guilty! That’s why they were pardoned!” And then he’d claim the mantle of righteousness while sneering like the Grinch behind closed doors.
Trump can then pardon the actual culprits—the Jan. 6 attackers—claiming that they were victims of an unjust system—and point to President Joe Biden‘s pardons as evidence.
Should, then, Biden pardon Cheney and others who may be subjected to Trump’s threats or Kash Patel’s enemies list? It depends.
These people are in real and legitimate danger. Despite my belief that Trump truly wouldn’t want to prosecute the issue again because it puts him at risk as well, that doesn’t mean that it couldn’t happen (even I’m wrong every once in a while). I do believe that there may be some political prosecutions. And just forcing his opponents to have to defend themselves could be extraordinarily financially costly to them, eat up their time, and cause them stress and anxiety. Trump also isn’t beyond using Nixonian tactics like having people followed or ordering the IRS to audit them.
It’s also worth noting that, due to his campaign promises of vengeance, Trump would stand to lose face if these people aren’t pardoned and then he doesn’t go after them.
But Cheney and others might not want a pardon. A pardon, after all, may serve to make it seem as if they might’ve done something wrong.
The most prudent course for President Joe Biden, then, is to speak with anyone he feels is under threat and offer them a pardon. Some may choose to fight instead, and if they do, they’ll be infinitely better people than those trying to keep them from speaking the truth.
Ross Rosenfeld is a political writer and educator based on Long Island. Follow Ross on Substack and on Bluesky.
The views expressed in this article are the writer’s own.
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