The Justice Department is broadening the significant clemency granted to U.S. Capitol insurrectionists and defendants by seeking to dismiss charges that are unrelated to the assault on the Capitol on January 6, 2021, if those charges are derived from investigations tied to that day.
In a court submission in Ocala, Florida, a newly appointed top federal prosecutor has proposed that a judge dismiss the remaining federal criminal charge against Daniel Ball, who received a pardon last month for his involvement in the Capitol attack. Ball was still facing a weapons charge related to the illegal possession of a firearm and ammunition that were seized from his residence in 2023.
Even though President Trump’s pardon absolved Ball of federal charges linked to his actions during the riot, he was re-arrested shortly after the pardon as he still faced the felony firearms charge. Prosecutors previously contended that Ball’s possession of the gun was unlawful due to his felony history involving domestic violence and strangulation.
Supporters of Ball argued that the gun case should be dismissed because the firearm was uncovered as part of the FBI’s investigation into Ball’s involvement on January 6. Sara Sweeney, who was sworn in as the new acting U.S. attorney for the Middle District of Florida on Tuesday, has requested that a judge dismiss Ball’s firearms case.
In her motion, Sweeney stated, “[T]he United States hereby moves to dismiss the indictment pending against the defendant, Daniel Charles Ball, with prejudice. The United States cites to the Executive Order dated January 20, 2025, Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021, as the basis for this dismissal.”
Sweeney’s office filed the motion within 48 hours of her taking over as the lead federal prosecutor in Central Florida.
Ball had entered a not guilty plea to federal charges related to the firearm and his participation in the Capitol siege. Federal prosecutors accused Ball of hurling an explosive device towards police during the January 6 attack. The Justice Department alleged, “Ball collaborated with other rioters to violently push against fully uniformed police officers who were attempting to prevent people from entering the Capitol Building. After this attempt failed, Ball retreated back into the crowd and threw an explosive device into the entranceway.”
In court documents, prosecutors also presented allegations of another gun possession violation, noting, “During a search of Ball’s residence, agents found ammunition for a .223 rifle and ammunition for a .762 rifle, along with a loaded—but unchambered—.22 rifle. Additionally, during the same search, agents discovered several commercially produced ‘m-style’ explosive devices, which are of the same type that Ball later admitted to throwing at officers on January 6.”
On February 7, Ball’s defense attorney urged for the dismissal of the gun case, asserting, “President Trump executed a series of initial executive actions, including a pardon for all January 6th defendants who had been convicted and mandated their immediate release. Furthermore, the executive order instructed the Department of Justice to dismiss with prejudice all related cases pending as of January 6.” Ball’s lawyer emphasized the phrase “all related cases” using italic and bold formatting.
Trump’s pardon for over 1,500 defendants involved in the U.S. Capitol siege resulted in the release of hundreds of rioters from incarceration, including many facing assault charges against police.
