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February 23, 2025

US attorney seeks dismissal of outstanding criminal charge against pardoned Jan. 6 defendant

President Donald Trump kept one of his most significant campaign promises soon after retaking the Oval Office, granting pardons to those involved in the Jan. 6, 2021 protests at the U.S. Capitol.

In a surprising move by the Justice Department, that clemency has been expanded to include dismissals of charges unrelated to the event of that day, provided that the relevant indictments were spurred by Jan. 6-related probes, as CBS News reports.

Daniel Ball case, explained

The aforementioned policy is exemplified by the Ocala, Florida, case of Daniel Ball, who was among those who received a pardon from Trump related to his participation in the Capitol demonstration.

Despite the pardon, Ball still faced a federal weapons charge stemming from allegations of illegal possession of a firearm and ammunition, items seized from his residence in 2023.

It was shortly after Trump issued his grant of clemency in January that Ball was rearrested on the gun charge, as the Guardian noted, sparking outrage from his supporters.

However, this month, newly appointed federal prosecutor has asked a judge to drop the remaining count against Ball on the grounds that the alleged violation only came into being due to a Jan. 6-related investigation.

Sweeney steps in

Last week, Sara Sweeney, recently sworn in as the acting U.S. attorney for the Middle District of Florida, intervened in Ball's case to seek dismissal of the outstanding charge.

Sweeney's court filing stated, “[T]he United States hereby moves to dismiss the indictment pending against the defendant, Daniel Charles Ball, with prejudice.”

The filing went on, “The United States cites to the Executive Order dated January 20, 2025, Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021, as the reason for this dismissal.”

The move came after Ball's own defense lawyer argued for the firearm charge to be dismissed, stating, “President Trump issued a flurry of first day executive actions including a pardon to all January 6th defendants who had been convicted and ordering their immediate release. In addition, the executive order directed the Department of Justice to dismiss with prejudice all related cases pending January 6th.”

Whether these arguments win the day and Ball's remaining charge is dropped, only time will tell.

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