The Smerconish Podcast

Do January 6 Defendants Deserve Empathy? Smerconish Asks the Question Few Will

Jan 7, 2026
Michael Smerconish confronts a challenging question: should we empathize with January 6 defendants who believed they were defending democracy? He explores a recent New York Times report on the impact of pardons and the enduring belief in election fraud among rioters. The discussion includes moral judgment versus accountability, and whether sincerity affects our evaluation of their actions. Expert insights from lawyers and researchers reveal that many rioters were middle-class professionals. Listener reactions add fuel to the debate as they share strong opinions.
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INSIGHT

Persistent Belief Shapes Moral View

  • Michael Smirconish highlights that many January 6 defendants still sincerely believe the election was stolen even after pardons.
  • This enduring belief complicates moral judgment without excusing the violence they committed.
INSIGHT

Pardons Created Expectations And Resentment

  • The New York Times piece reported pardons gave rioters a sense of martyrdom and unmet expectations for retribution.
  • Some pardoned defendants now feel betrayed, demanding proof or reparation from Trump and his allies.
ADVICE

Avoid Blanket Pardons For Political Violence

  • Michael Smirconish argues the presidential pardons were a mistake and says they should not have been granted.
  • He recommends rejecting such blanket clemency as it hinders accountability and reconciliation.
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