President Trump's pardons of Jan. 6 defendants affect dozens in Illinois
CHICAGO (CBS) -- On his first day back in office Tuesday, President Trump pardoned or commuted the sentences of about 1,500 defendants charged or convicted in the Jan. 6, 2021, attack on the U.S. Capitol — impacting dozens of Illinois defendants.
President Trump's order impacts both convictions and pending cases. It says approximately 300 pending cases should be dismissed, including some in Illinois.
In November, federal prosecutors said surveillance images captured Michael Mollo Jr. of Oak Lawn facing off with officers at the Capitol on Jan. 6, 2021.
Emil Kozeluh of Palos Heights was seen flipping off officers outside the Capitol and then later inside the building, according to prosecutors.
Both were charged with felony counts of disorderly conduct, as well as several misdemeanor charges. Now with President Trump's order in place, both will have those charges dropped.
Attorney Steve Greenberg represents Kozeluh, and said he would have fought the charges against his client regardless of whether or not President Trump had been re-elected.
"The charges against him involved going in a building when he really shouldn't have been there," said Greenberg. "They're essentially glorified trespassing charges."
Kozeluh had a status hearing set for February, but he is now waiting on paperwork from the federal court system officially dropping the case.
"We expect that they're going to do that, if not today, certainly this week — and that will be the end of this ordeal for Emil," Greenberg said. "He has certain restrictions now because he is under bond restrictions, and then he'll be free to go about his life."
On Tuesday morning, Kozeluh posted a video to Instagram that appears to have been taken from the crowd on Jan. 6 with the caption, "One of the most amazing moments in my life."
Mathew Capsel, who lives in Marseilles, Illinois, is one of the approximately 1,250 people who were convicted of Jan. 6-related crimes and have now been pardoned.
"This was hell," Caspell said. "Going through probation, prison — it was not a fun experience."
According to federal prosecutors, Capsel can be seen on Capitol grounds, at one point clashing with police, in screenshots from videos posted to his own TikTok.
Capsel said he went to D.C. on January 6, 2021, to see Trump's last speech. But then, things escalated.
"I don't regret going that day," Capsel said. "I acted a little extra. There was a lot of energy in there. I regret things I did that day — climbing the scaffolding on top of the building — things I did."
Capsel pleaded guilty to interfering with a law enforcement officer, and was sentenced to 18 months in prison. He served a year, and said the pardon will greatly help his employment prospects.
"I was hoping for it. Can't say I wasn't," Capsel said. "This is. This is huge on my record criminal record."
Trump's order singled out 14 members of far-right extremist groups, like the Proud Boys and the Oath Keepers, who had their sentences commuted instead of pardoned.
While many of the pardons were expected, there has been some outrage over the fact that President Trump extended clemency to those convicted of violent crimes, including assaulting police officers.
More than 170 people were accused of using a deadly or dangerous weapon, such as a fire extinguisher or bear spray against officers.
