JD Vance took a shock stance separating himself from Donald Trump on pardoning those involved in the January 6 Capitol riot, a division that could lead to tension as Inauguration Day looms. President-elect Trump has promised sweeping pardons for many of those charged in connection with the attack, declaring he would act ‘very quickly’ on Day 1 of his presidency.

The Vice-President elect, however, has taken a more nuanced approach, emphasizing accountability for violent offenders. In an interview on Fox News Sunday Vance drew a line saying the pardon question is ‘very simple’ stating how those who committed violence should ‘obviously’ not be pardoned, while peaceful protestors might deserve clemency. He later said there was a ‘bit of a gray area’ in some cases, suggesting room for discretion. ‘We’re very much committed to seeing the equal administration of law, and there are a lot of people, we think, in the wake of January 6 who were prosecuted unfairly,’ Vance said.

Trump’s position, by contrast, has leaned heavily toward broad pardons, citing the suffering endured by those convicted, though he noted he might make exceptions for individuals he deemed ‘radical’ or ‘crazy.’ The clear split in stance on the issue comes as Trump is promising to use his clemency power on behalf of many of those who tried to overturn the results of the election that Trump lost. Trump said he would issue pardons to rioters on ‘Day 1’ of his presidency, which begins next Monday, January 20. ‘Most likely, I’ll do it very quickly,’ he said recently on NBC’s Meet the Press.

He added that ‘those people have suffered long and hard. And there may be some exceptions to it. I have to look. But, you know, if somebody was radical, crazy.’ More than 1,500 people have been charged with federal crimes stemming from the siege that left more than 100 police officers injured and sent lawmakers running into hiding as they met to certify Democrat Joe Biden’s 2020 victory.

Hundreds of people who did not engage in destruction or violence were charged only with misdemeanor offenses for illegally entering the Capitol. Others were charged with felony offenses, including assault for beating police officers.

Leaders of the Oath Keepers and the Proud Boys extremist groups were convicted of seditious conspiracy for what prosecutors described as plots to use violence to stop the peaceful transfer of power from Trump, the Republican incumbent, to Biden. Trump’s supporters push for blanket pardons, while Vance has defended his more restrained position, stating, ‘I assure you, we care about people unjustly locked up.’

In a post on X, Vance responded to criticism from supporters of the Capitol rioters that his position did not go far enough to free all convicted. ‘I’ve been defending these guys for years,’ he said. ‘The president saying he’ll look at each case (and me saying the same) is not some walkback,’ Vance said. ‘Yes, that includes people provoked and it includes people who got a garbage trial,’ he assured.

Some Republican lawmakers are pushing for Trump to pardon all theJanuary 6 rioters. Georgia Rep. Marjorie Taylor Greene said those in prison over the attacks – no matter their crime – should be released. ‘Even the ones that fought Capitol Police, caused damage to the Capitol, I think they’ve served their time, and I think they should all be pardoned and released from prison,’ Greene said.

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