The Dictatorship
Trump’s Jan. 6 clemency order is prompting some legal questions
How far does Donald Trump’s blanket clemency for Jan. 6 defendants go? The seemingly philosophical question has immediate legal consequences, raised not only by the sheer number of people pardoned but also by the diversity of some of their criminal conduct extending beyond the confines of the Capitol that day.
Take the case of Dan Edwin Wilson.
The Jan. 6 defendant pleaded guilty to conspiracy to impede or injure a federal officer, as well as to firearm-related charges resulting from a search of his Kentucky home. He was sentenced by a Trump-appointed judge, Dabney Friedrich, to five years in prison on both sets of charges to run concurrently (meaning running together, not consecutively). The Justice Department had recommended a five-year term.
Then came Trump’s clemency order last week, which granted pardons for people “convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.” Wilson was then released from the federal Bureau of Prisons. But according to a court filing from his lawyer on Sunday, the BOP wants him back.
“Whether he was, in fact, pardoned of both sets of offenses has yet to be litigated,” his lawyer Norman Pattis wrote in seeking a court order halting any incarceration effort while the issue is litigated. The lawyer also wrote: “Although the firearms charges arose from evidence seized in a search of Mr. Wilson’s home, that search warrant was issued to seek evidence of his participation in the Capitol riot. It pre-dated his arrest on riot-related charges.”
The question this raises is whether the firearm charges are “related to events that occurred at or near the United States Capitol on January 6, 2021.”
Getting back to the text of Trump’s order, the question this raises is whether the firearm charges are “related to events that occurred at or near the United States Capitol on January 6, 2021.” How the courts answer the question depends on how broadly they see the events as being “related.” As his lawyer frames the matter, the firearm charges are related in the sense that they stemmed from a search for Jan. 6-related evidence.
Yet, how far does the “related” connection extend? One can think of examples that push the notion beyond the breaking point. To take an extreme hypothetical, what if law enforcement had found a dead body in Wilson’s home while searching for Jan. 6-related evidence? Would a pardon cover any federal charges he might face related to the body in that hypothetical scenario?
Now, in typical litigation, an argument that one side raises would face adversarial testing by an opposing party. But here, the federal government under Trump is broadly on the defendants’ side. And if the courts push back against the defense argument and Trump doesn’t like that, then he’s free to issue a separate pardon to cover any firearm-related charges.
In fact, if the president wants to ensure that none of his supporters face any further legal consequences (at least at the federal level, where he has clemency power), then he could issue another blanket pardon for any federal crimes whatsoever over a specific period of time, on top of the blanket Jan. 6 clemency. He could keep pardoning them until he leaves office for any and all federal crimes he chooses.
So it’s unclear at the moment to what extent these novel questions will be answered in court.
On Monday, Judge Friedrich ordered the government to respond by Tuesday. So first we’ll see if the new DOJ believes the conduct is covered by the pardon — and what the judge does in response.
Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
The Dictatorship
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The Dictatorship
‘Melania’ falls steeply at the box office
NEW YORK (AP) — Hollywood largely ceded attention to football over a slow box-office weekend, with the survival thriller “Send Help” repeating as No. 1 in ticket sales and the Melania Trump documentary “Melania” falling sharply in its second weekend.
Super Bowl weekend is typically one of the lowest attended moviegoing times of the year. It was the second slowest weekend last year and in 2024 it ranked dead last for moviegoing.
Studios instead put their focus on advertising movies for the massive television audience. Among the trailers expected to hit the NFL broadcast Sunday were The Walt Disney Co.’s “Mandalorian and Grogu,” Lionsgate’s Michael Jackson biopic, “Michael” and Universal Pictures’ “The Super Mario Galaxy Movie.”
In North American theaters, the Disney.-20th Century Studios release “Send Help,” directed by Sam Raimi, lead all films with $10 million in its second weekend, according to studio estimates Sunday. With $53.7 million globally thus far, the R-rated survival thriller has proved a solid midbudget success. Disney meanwhile watched its remarkably long-lasting “Zootopia 2″ cross $1.8 billion worldwide in its 11th week of release.
“Melania,” from Amazon MGM, added 300 theaters in its second weekend but dropped steeply with to $2.4 million in ticket sales, down 67% from its much-discussed debut. The rapid downturn means the Brett Ratner-directed documentary is likely heading toward flop territory given its high price tag. Amazon MGM paid $40 million for film rights, plus some $35 million to market it.
The North American total for “Melania” stands at $13.4 million. Amazon MGM has not released international figures, though they’re expected to be paltry.
Kevin Wilson, head of domestic distribution for the studio, said the movie’s box-office performance “is a critical first moment that validates our wholistic distribution strategy, building awareness, engagement, and provides momentum ahead of the film’s eventual debut on Prime Video.”
The film’s ticket sales — which would be very good for a less expensive documentary — were a talking point throughout the week. Late-night hosts Stephen Colbert and Jimmy Kimmel hammered the movie’s sales. Kimmel called them a “rigged outcome.” Elsewhere in theaters, the Italy-set Kevin James romantic comedy “Solo Mio” debuted with a robust $7.2 million, a major win for Angel Studios, best known for its faith-based releases. “Stray Kids: The Dominate Experience,” a K-pop concert film released by Bleecker Street, launched with $5.6 million, and an additional $13.2 million overseas. The Luc Besson-directed Bram Stoker adaptation “Dracula” opened with $4.5 million, a studio-best debut for the indie distributor Vertical.
One of the most unusual releases in theaters, however, remains the low-budget indie “Iron Lung.” The YouTube filmmaker Markiplier, whose real name is Mark Fischbach, self-financed and self-distributed the R-rated video game adaptation, along with writing, directing and starring in it. In its second weekend, “Iron Lung” collected $6.2 million, bringing its two-week total to $31.2 million. It cost $3 million to make.
Top 10 movies by domestic box office
With final domestic figures being released Monday, this list factors in the estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Comscore:
1. “Send Help,” $10 million.
2. “Solo Mio,” $7.2 million.
3. “Iron Lung,” $6 million.
4. “Stray Kids: The Dominate Experience,” $5.6 million.
5. “Dracula,” $4.5 million.
6. “Zootopia 2,” $4 million.
7. “Avatar: Fire and Ash,” $3.5 million.
8. “The Strangers: Chapter 3,” $3.5 million.
9. “Shelter,” $2.4 million.
10. “Melania,” $2.4 million.
The Dictatorship
Why Trump doesn’t want home prices to fall
WASHINGTON (AP) — President Donald Trump wants to keep home prices highbypassing calls to ramp up construction so people can afford what has been a ticket to the middle class.
Trump has instead argued for protecting existing owners who have watched the values of their homes climb. It’s a position that flies in the face of what many economists, the real estate industry, local officials and apartment dwellers say is needed to fix a big chunk of America’s affordability problem.
“I don’t want to drive housing prices down. I want to drive housing prices up for people that own their homes, and they can be assured that’s what’s going to happen,” Trump told his Cabinet on Jan. 29.
That approach could bolster the Republican president’s standing with older voters, a group that over time has been more likely to vote in midterm elections. Those races in November will determine whether Trump’s party can retain control of the House and Senate.
“You have a lot of people that have become wealthy in the last year because their house value has gone up,” Trump said. “And you know, when you get the housing — when you make it too easy and too cheap to buy houses — those values come down.”
But by catering to older baby boomers on housing, Trump risks alienating the younger voters who expanded his coalition in 2024 and helped him win a second term, and he could wade into a “generational war” in the midterms, said Brent Buchanan, whose polling firm Cygnal advises Republicans.
“The under-40 group is the most important right now — they are the ones who put Trump in the White House,” Buchanan said. “Their desire to show up in an election or not is going to make the difference in this election. If they feel that Donald Trump is taking care of the boomers at their expense, that is going to hurt Republicans.”
The logic in appealing to older voters
In the 2024 presidential election, 81% of Trump’s voters were homeowners, according to AP VoteCast data. This means many of his supporters already have mortgages with low rates or own their homes outright, possibly blunting the importance of housing as an issue.
Older voters tend to show up to vote more than do younger people, said Oscar Pocasangre, a senior data analyst at liberal think tank New America who has studied the age divide in U.S. politics. “However, appealing to older voters may prove to be a misguided policy if what’s needed to win is to expand the voting base,” Pocasangre said.
Before the 2026 elections, voters have consistently rated affordability as a top concern, and that is especially true for younger voters with regard to housing.
Booker Lightman, 30, a software engineer in Highlands Ranch, Colorado, who identifies politically as a libertarian Republican, said the shortage of housing has been a leading problem in his state.
Lightman just closed on a home last month, and while he and his wife, Alice, were able to manage the cost, he said that the lack of construction is pushing people out of Colorado. “There’s just not enough housing supply,” he said.
Shay Hata, a real estate agent in the Chicago and Denver areas, said she handles about 100 to 150 transactions a year. But she sees the potential for a lot more. “We have a lack of inventory to the point where most properties, particularly in the suburbs, are getting between five and 20 offers,” she said, describing what she sees in the Chicago area.
New construction could help more people afford homes because in some cases, buyers qualify for discounted mortgage rates from the builders’ preferred lenders, Hata said. She called the current situation “very discouraging for buyers because they’re getting priced out of the market.”
But pending construction has fallen under Trump. Permits to build single-family homes have plunged 9.4% over the past 12 months in October, the most recent month available, to an annual rate of 876,000, according to the U.S. Census Bureau.
Trump’s other ideas to help people buy houses
Trump has not always been against increasing housing supply.
During the 2024 campaignTrump’s team said he would create tax breaks for homebuyers, trim regulations on construction, open up federal land for housing developments and make monthly payments more manageable by cutting mortgage rates. Advisers also claimed that housing stock would open up because of Trump’s push for mass deportations of people who were in the United States illegally.
As recently as October, Trump urged builders to ramp up construction. “They’re sitting on 2 Million empty lots, A RECORD. I’m asking Fannie Mae and Freddie Mac to get Big Homebuilders going and, by so doing, help restore the American Dream!” Trump posted on social media, referring to the government-backed lenders.
But more recently, he has been unequivocal on not wanting to pursue policies that would boost supply and lower prices.
In office, Trump has so far focused his housing policy on lobbying the Federal Reserve to cut its benchmark interest rates. He believes that would make mortgages more affordable, although critics say it could spur higher inflation. Trump announced that the two mortgage companies, which are under government conservatorship, would buy at least $200 billion in home loan securities in a bid to reduce rates.
Trump also wants Congress to ban large financial institutions from buying homes. But he has rejected suggestions for expanding rules to let buyers use 401(k) retirement accounts for down payments, telling reporters that he did not want people to take their money out of the stock market because it was doing so well.
There are signs that lawmakers in both parties see the benefits of taking steps to add houses before this year’s elections. There are efforts in the Senate and House to jump-start construction through the use of incentives to change zoning restrictions, among other policies.
One of the underlying challenges on affordability is that home prices have been generally rising faster than incomes for several years.
This makes it harder to save for down payments or upgrade to a nicer home. It also means that the places where people live increasingly double as their key financial asset, one that leaves many families looking moneyed on paper even if they are struggling with monthly bills.
There is another risk for Trump. If the economy grows this year, as he has promised, that could push up demand for houses — as well as their prices — making the affordability problem more pronounced, said Edward Pinto, a senior fellow at the American Enterprise Institute, a center-right think tank.
Pinto said construction of single-family homes would have to rise by 50% to 100% during the next three years for average home price gains to be flat — a sign, he said, that Trump’s fears about falling home prices were probably unwarranted.
“It’s very hard to crater home prices,” Pinto said.
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