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On the day Joe Biggs learned he would be released from a lengthy prison sentence due to a decision made by the newly inaugurated President Donald Trump, a prison officer was present to remind him of the stark reality he faced.
“You’re still gonna get screwed,” Biggs recalls the guard stating. “You’re not getting pardoned. You’re only getting your sentence commuted, so you’re still a terrorist.”
This warning would prove to be quite perceptive.
In a dramatic return to the White House for his second term, Trump utilized his authority to issue a mass pardon to 1,500 individuals involved in the January 6 Capitol riot, marking a significant instance in American legal history.
However, only 14 individuals — including Biggs — had their sentences commuted rather than receiving a pardon, meaning they left jail with their criminal records intact.
Expressing his disappointment, Biggs, a former Proud Boys leader serving one of the harshest sentences linked to the January 6 incident, criticized Trump: “I’m extremely disappointed in him.”
“I didn’t go to trial and blame him for it. I didn’t go and say, ‘Oh, this was Trump’s fault.’ I sat there and I bit my tongue and I ate it.”
Biggs was sentenced to 17 years in prison for seditious conspiracy, with prosecutors accusing him of playing a central role in the Capitol attack by acting as an instigator and leader. His actions, such as tearing down barricades, were viewed as deliberate efforts to disrupt the electoral vote counting.
Though he served only four years, Biggs laments that his life remains in limbo as he awaits a pardon.
“It’s like you’re out of jail, but you’re still in jail,” he told a reporter from The Independent.
He describes the strain his situation puts on his family, stating, “I’m just draining money. I’m not bringing anything to the table to help my family.”
In light of his legal predicament, Biggs stands among a tiny group of 14 individuals nationwide who continue to bear legal repercussions for what is widely regarded as one of the most severe attacks on American democracy since the Civil War.
His experience echoes the complexities and contradictions evident within the most extreme factions of Trump’s base. He finds himself in a paradox: he has been imprisoned for his allegiance to Trump, subsequently overlooked by him, yet continues to uphold his belief in Trump.
Reflecting on his views regarding January 6, Biggs has experienced fluctuations tied to his personal circumstances.
During his sentencing, emotional and regretful, he conveyed his remorse: “On January 6, I was seduced by the crowd…I have to live with that for the rest of my life, and I’m so sorry.”
However, currently, he exhibits a different stance. When asked about regrets concerning his actions, he answers: “No, not really.”
“If I was there slapping people around and acting stupid, yeah, I would probably be ashamed of something like that,” he admits.
His primary regret centers on the lack of a pardon. Biggs, a retired veteran, had previously relied on a monthly pension and health care benefits from Veteran’s Affairs to manage his Post Traumatic Stress Disorder and a traumatic brain injury incurred during his service in Iraq.
Conviction has stripped him of these crucial supports.
“I have PTSD, I have anxiety, I have sleeping issues… I’d like to be able to talk to somebody and work on some stuff,” he shares.
Nevertheless, he maintains his stance about the day in question, asserting that the media and political opponents exaggerated the events of January 6 to undermine Trump.
Biggs identifies himself on X as a “Right Wing Extremist and Proud Terrorist to the left,” and he has reached out to key figures in the MAGA movement for assistance since his release. Recently attending CPAC and meeting with Steve Bannon, Biggs feels neglected by those he once considered allies.
“All they care about is having you on their show so they can sell their fucking products and make money off of you and your story, and then as soon as you walk away, they forget all about you,” he says.
The Trump administration has not provided reasons for the distinction between those who received commutations and those who were pardoned. The gravity of the charges does not straightforwardly correlate with the outcomes: for instance, Enrique Tarrio, convicted on serious charges and sentenced to 22 years, was pardoned despite not being present at the Capitol during the riot.
“It blows my mind that there’s people out there with violence… and they get a full pardon. And meanwhile, I walk around, ask a cop for a bathroom to take a leak, and get treated like a terrorist the entire time,” reacts Biggs.
He contends that the behavior exhibited on January 6 was not a malicious attempt to overturn the election, but rather a reaction fueled by the crowd.
Conversely, prosecutors depicted Biggs as a principal figure during the Capitol assault, tying him to a conspiracy aimed at disrupting the electoral vote certification.
Complete List of January 6 Rioters with Commuted Sentences
Stewart Rhodes: Sentenced to 18 years in prison.
Kelly Meggs: Sentenced to 12 years in prison.
Kenneth Harrelson: Sentenced to 4 years in prison.
Jessica Watkins: Sentenced to 8.5 years in prison.
Roberto Minuta: Sentenced to 4.5 years in prison.
Edward Vallejo: Sentenced to 3 years in prison, with the first year on home confinement.
David Moerschel: Sentenced to 3 years in prison.
Joseph Hackett: Sentenced to 3.5 years in prison.
Ethan Nordean: Sentenced to 18 years in prison.
Joseph Biggs: Sentenced to 17 years in prison.
Zachary Rehl: Sentenced to 15 years in prison.
Dominic Pezzola: Sentenced to 10 years in prison.
Jeremy Bertino: Sentencing delayed.
Biggs was accused of breaching multiple barriers and tearing down fencing as he entered the Capitol.
During the riot, Biggs posted a video from the Capitol’s west lawn with fellow Proud Boys, declaring, “January 6 will be a day in infamy.” In a podcast the following day, he compared the incident to the founding of America, viewing it as a “warning shot to the government.”
Prosecutors sought the lengthy sentence, arguing that Biggs was accountable for the actions of those who participated in the attack due to his prominent leadership position within the Proud Boys.
“The true nature of Defendant’s dangerousness stems from his role as a leader and his ability to encourage and coordinate the actions of others in breaching the Capitol at a precise place and time,” prosecutors asserted.
Biggs, however, claims that he was in the Capitol for only 5-6 minutes and insists he did not engage in any violent behavior, rejecting the notion that he aimed to obstruct the peaceful transfer of power.
Four years after the Capitol incident, it continues to define contemporary American political discourse.
Incited by Trump’s disproven claims that the 2020 election was unjustly taken from him, a multitude of his supporters besieged the Capitol during the certification of the results. When judicial efforts to halt the certification failed, violence erupted, leading to brutal confrontations with law enforcement, an evacuation of the Capitol, and significant injuries to police personnel.
The riot resulted in injuries to over 140 officers, the death of one rioter shot by police while attempting to breach a window, and tragic outcomes for several individuals later linked to the incident.
Following the attack, initial bipartisan condemnation fell upon both Trump and those involved; however, perceptions of the event have since evolved into a sharply partisan issue.
After a period of condemnation, Trump has recast the events of January 6, now calling it a “day of love,” and referring to those convicted as “hostages.”
His efforts to recast January 6 appear to have resonated, as a shift in opinion among Republicans has been noted.
The percentage of Republicans expressing strong disapproval of the Capitol attack has plummeted over 20 points since January 2021, falling from 51% to 30%. Currently, over 70 percent support pardoning those involved in the incursion.
Trump has reiterated promises to pardon January 6 offenders during his campaign, fulfilling this on his opening days in office.
For many, this reflected a profound betrayal from a leader who seemingly evaded accountability for his actions, while for Biggs and others implicated, it appeared to correct a significant historical injustice.
Biggs maintains that the prosecutions against him and other Proud Boys were politically motivated, executed by the Biden administration and the Justice Department, and remarks on the targeting of high-profile figures.
“They needed a well-known Boogeyman,” he insists, suggesting lesser-known figures wouldn’t carry the same weight in public perception.
He received a nearly equivalent sentence to Stewart Rhodes, leader of the Oath Keepers, who came to Capitol with militia members, intending to instigate violence.
This was not the first instance of legal trouble for Biggs; he had previously faced a lawsuit by a historic Black church for destruction of property, resulting in a substantial financial judgment against him.
The burden of these circumstances has only compounded his ongoing struggles.
Since the pardons, far-right groups like the Proud Boys have seemingly rallied under Trump’s implied endorsement.
Recently, leaders Tarrio and Rhodes held a press conference denouncing what they termed a “massive fake conspiracy case” against Trump and their groups.
Both individuals are currently advocating for reprisal against the prosecutors who charged them.
Rhodes, who also only received a commutation, is actively pursuing a pardon, expressing gratitude to Trump while maintaining his stance on innocence.
“What that means is that although our prison sentences are ended — we’re free — we are still second-class citizens because we’re all still felons,” he remarked.
As for Biggs, he is currently attempting to stabilize his life before re-engaging with the Proud Boys.
“If anybody’s focus is on a club right now, and not them getting their life back, then their priorities are a little off,” he observes. “I’m friends with all those guys, and I’ve been to a few events, but I don’t know right now. I just want to get all my stuff squared away.”
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