Supporting People Who Undermine Elections
The federal government has rewarded people who peddle conspiracy theories about voter fraud and continue to deny the legitimacy of the 2020 election, including by resorting to violence. Many of this administration’s political appointees have continuously challenged the results of the 2020 election or otherwise undermined elections. At least four members of the president’s cabinet are election deniers.
Pardoning January 6 Rioters
The January 6 rioters violently attacked the U.S. Capitol in an attempt to keep President Trump in office after he lost the 2020 presidential election. On the first day of his second term, the president pardoned approximately 1,500 individuals who had been on trial and commuted the sentences of 14 people who had been convicted for their participation in that attack.
Impact: The move green-lights future vigilante efforts to overturn elections, including efforts by the January 6 rioters themselves, by indicating that those who engage in political violence and interfere with the peaceful transfer of power may not only avoid legal consequences but also be treated as heroes. The president and others have cast the rioters as “warriors” and “political prisoners.” Republican Party events around the country have honored the rioters. Some of the insurrectionists have discussed or publicly stated plans to regroup following the pardons, and some have attempted or are considering runs for public office, including seats in Congress.
Why It’s Wrong: The pardons and commutations are a misuse of the president’s clemency power and an attempt to rewrite one of the most public crimes in U.S. history.
Status: The president cannot pardon people convicted of crimes under state law. While the events of January 6, 2021, took place in Washington, DC, under federal jurisdiction, similar acts anywhere else in the country would be governed by state laws, which prohibit violence, insurrection, and intimidation of voters and election officials.
Indeed, in part as a response to recent instances or threats of political violence, several states have strengthened such laws. For example, since 2020, 13 states have passed laws banning guns or expanding prohibitions against them in and around polling places or ballot drop boxes. In addition, local election officials have partnered with law enforcement to form the Committee for Safe and Secure Elections to protect voters and election workers from violence, threats, and intimidation. While the president is sending the message that his administration will reward those who undermine elections, states and local leaders are taking such threats seriously and have shored up the safety and security of elections.
Undermining Prosecution of Election Subversion
In 2021 Tina Peters, a Colorado election clerk, gave a man unauthorized access to voting equipment; that man was affiliated with My Pillow chief executive Mike Lindell, a leading proponent of false conspiracy theories that the 2020 election was rigged. She was convicted of four felonies under state law and sentenced to nine years in prison. The Trump administration is trying to get her out. In March 2025, the DOJ filed a statement of interest in support of her habeas corpus petition, a federal suit seeking her release from prison while she pursues an appeal. The filing states that the DOJ is evaluating whether the state prosecution, led by an elected Republican prosecutor, was politically motivated. On May 5, the federal court hearing Peters’s habeas petition held that a number of her claims were premature and suggested that it might dismiss her entire case. On the same day, the president took to social media to describe Peters as an “innocent Political Prisoner” and to direct the Justice Department to “take all necessary action to help secure” her release.
Impact: These actions could embolden rogue election officials to threaten elections from within. The president and the DOJ are sending a clear message that they will support such officials when they engage in subversive behavior. By announcing a review of a state prosecution, the DOJ is also indicating to state prosecutors that bringing charges against election officials who support Trump’s attempts at election subversion will subject them to scrutiny.
Why It’s Wrong: Neither the president nor the DOJ has the power to overturn a state conviction. Peters broke multiple state laws in support of a conspiracy theory. A jury found her guilty. President Trump undermines that finding by publicly declaring that Peters is innocent.
Status: Despite such threats, state officials continue to stand by their prosecution of Peters in court and in the media, and Peters continues to serve her sentence.