An order barring commuted Jan. 6 defendants from entering Washington, D.C., and the U.S. Capitol could raise constitutional challenges, one legal expert says. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
The filing says the order is effective as of Friday at noon. Later that day, the Justice Department filed a motion seeking to lift the order.
"If a judge decided that Jim Biden, General Mark Milley, or another individual were forbidden to visit America’s capital — even after receiving a last-minute, preemptive pardon from the former President— I believe most Americans would object. The individuals referenced in our motion have had their sentences commuted — period, end of sentence," Acting U.S. Attorney Edward Martin said in a statement.
"This is a very unusual order," Jonathan Turley, Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University, told Fox News Digital. "The judge is relying on the fact that the sentences were commuted, but the defendants did not receive full pardons."
COMMUTED JAN. 6 DEFENDANTS BARRED FROM DC, CAPITOL BUILDING BY FEDERAL JUDGE
Ron Coleman, counsel at Dhillon Law Group, called the order "novel."
Trump pardoned nearly all Jan. 6 defendants earlier this week after promising to do so at his inaugural parade. (Reuters/Carlos Barria)
"I think the court is effectively barring these individuals from being able to associate or petition government officials without the prior approval of the court," Turley said. "That could raise questions under the First Amendment.
"I expect this will be challenged by these individuals."
Trump pardoned nearly all Jan. 6 defendants earlier this week after promising to do so at his inaugural parade.
DOJ CONSIDERS CHARGING 200 MORE PEOPLE 4 YEARS AFTER JAN. 6 CAPITOL ATTACK
Trump signed off Monday on releasing more than 1,500 people charged with crimes from the Jan. 6, 2021, attack at the U.S. Capitol. The order required the Federal Bureau of Prisons to act immediately on receipt of the pardons.
Those pardoned in his initial order included Enrique Tarrio, the former Proud Boys chairman who faced a sentence of 22 years in prison for seditious conspiracy.
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Fox News' David Spunt, Diana Stancy and Jamie Joseph contributed to this report.
Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.
https://www.foxnews.com/politics/unusual-order-barring-commuted-j6-defendants-from-dc-capitol-raises-constitutional-implications-expert