Strictly speaking, it’s a legal Hail Mary. According to the analogy, Biden should be the one to do that, if at all. Heck, even Trump didn’t pardon these insurrectionists. He chose to dump them like a hot potato like he’s dumped any number of “losers” over the course of his career who have failed to satisfy his appetite for destruction.
However!
These arguments seem to be having success convincing judges to hand down sentences that are about 1/2 of what the DOJ has been seeking.
Yes, historically speaking, the lawyer has a point. Political expediency and embedded white supremacy at every stage of legal proceedings combine to ensure right-wing insurrectionists get off quite lightly.
Left-wing insurrectionists though? 25 to life.
