The Justice Department is expanding the historic clemency that was extended to U.S. Capitol insurrectionists and defendants by moving to dismiss charges unrelated to the assault on the Capitol on Jan. 6, 2021, if the separate indictments stemmed from Jan. 6-related investigations.
In a court filing in Ocala, Florida, a newly appointed top federal prosecutor has recommended a judge dismiss the remaining federal criminal count against Daniel Ball, who was pardoned last month for his role in the Capitol attack. Ball was still facing a weapons charge for illegal possession of a gun and ammunition seized from his home in 2023.
Though President Trump’s pardon cleared Ball of federal charges he faced for his role in the riot, Ball was re-arrested days after the pardon because he still faced the felony firearm charge. Prosecutors had previously argued that Ball was unlawfully in possession of the gun because he had a felony history of domestic violence and strangulation.
His supporters argued the gun case should be dropped because the firearm was only discovered as part of the FBI’s probe into Ball’s Jan. 6 case. Sara Sweeney, who was sworn in Tuesday as the new acting U.S. attorney for the Middle District of Florida, has asked a judge to dismiss Ball’s gun case.
In her filing, Sweeney said, “[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 reason for this dismissal.”
Sweeney’s office filed the motion under 48 hours after she took over as the lead federal prosecutor in Central Florida.
Ball had pleaded not guilty to federal charges involving the gun and his role in the Capitol siege. Federal prosecutors accused Ball of throwing an explosive device in the direction of police during the Jan. 6 attack. The Justice Department alleged, “Ball worked with other rioters to violently push against fully uniformed police officers attempting to keep individuals out of the Capitol Building. When that attempt was unsuccessful, Ball moved back into the crowd and threw an explosive device into the entranceway.”
In court filings, prosecutors also made allegations of a separate gun possession crime, writing, “During a search of Ball’s home, agents discovered ammunition for a .223 rifle and ammunition for a .762 rifle as well as a loaded—though unchambered—.22 rifle. During the same search, agents found multiple commercially produced “m-style” explosive devices, the same style of device Ball would later tell agents he threw at officers on January 6.”
On Feb. 7, Ball’s defense attorney argued for the dismissal of the gun case, arguing, “President Trump issued a flurry of first day executive actions including a pardon to all January 6th defendants who had been convicted and ordering their immediate release. In addition, the executive order directed the Department of Justice to dismiss with prejudice all related cases pending January 6th.” Ball’s lawyer italicized and used a bold font to emphasize the phrase “all related cases.”
Trump’s pardon of the more than 1,500 defendants of the U.S. Capitol siege triggered the release of hundreds of rioters from prison, including dozens accused of assaulting police.
Scott MacFarlane is a congressional correspondent. He has covered Washington for two decades, earning 20 Emmy and Edward R. Murrow awards. His reporting has resulted directly in the passage of five new laws.
