In a remarkable twist amid the wave of pardons and commutations issued by President Donald Trump for hundreds of his supporters convicted in connection with the January 6, 2021, Capitol riot, one former loyalist has taken an unexpected and defiant stand. Pamela Hemphill, a 57-year-old Idaho woman who once counted herself among the staunch supporters of the “Make America Great Again” movement, has formally rejected Trump’s pardon, insisting that she must bear the consequences of her actions on that day.
Hemphill, who pleaded guilty to misdemeanor charges for her role in the Capitol insurrection and was sentenced to three years of probation, is believed to be the only Jan. 6 defendant to outright refuse the presidential clemency. Speaking with CBS News, Hemphill said she could not, in good conscience, accept a pardon she believes undermines both personal responsibility and the justice system itself.
A Lone Protestor in a Sea of Pardons
Earlier this year, President Trump issued over 1,500 pardons to individuals tied to the Capitol attack as part of his broader effort to recast the insurrection as a legitimate political protest. For many recipients, the pardon was a lifeline—some even sought to leverage the certificates in court filings and restitution disputes. But Hemphill saw it differently.
“The pardons just contribute to their narrative, which is all lies, propaganda,” she told CBS News from her Idaho home. “We were guilty, period. How could you sleep at night, taking a pardon when you know you were guilty?”
Her remarks reflect a stark contrast to many other Jan. 6 defendants who have embraced the pardons, some even going so far as to frame them as trophies. Former Pardon Attorney Liz Oyer noted that “some Jan. 6 defendants blew up our phones seeking a copy of their pardons. They wanted the copies quickly. They wanted it framed and signed.”
What Hemphill Did on January 6
Court documents reveal that Hemphill was among the crowd that breached police barricades outside the Capitol. Prosecutors alleged that she encouraged others to join the protest by posting inflammatory messages on social media in the days leading up to the attack. In one post on December 28, 2020, she declared, “It’s a WAR!” Later, she confirmed her plans by writing, “On my way to Washington, DC, January 6th.”
Though she was not charged with assaulting officers or destroying property, the Department of Justice emphasized that even nonviolent participants played a critical role in overwhelming law enforcement and undermining democracy. Like many others, Hemphill ultimately pleaded guilty to a single count of unlawful parading and was sentenced to probation.
Rejecting the Pardon
Hemphill’s decision to return her pardon stands as a powerful rebuke to Trump’s efforts to rewrite the narrative of January 6. She described how, contrary to Trump’s claims of a weaponized Justice Department, the FBI treated her professionally and fairly during her arrest. “They treated me very good,” she said, dismissing the idea that the prosecutions were politically motivated.
Through her Republican senator, Jim Risch, Hemphill formally requested that the Department of Justice acknowledge her refusal to accept the pardon. Senate records and correspondence reviewed by CBS News confirm that the Office of the Pardon Attorney officially noted her non-acceptance, and the Justice Department declined to issue a formal certificate documenting the pardon.
Why It Matters
Hemphill’s stand is unique not just for its rarity but for its broader implications. At a time when many Americans remain divided over the legacy of January 6 and the question of accountability, her decision highlights the tension between personal responsibility and partisan loyalty. It also draws attention to the growing debate over whether political pardons for acts of insurrection weaken public trust in the justice system.
Hemphill’s story resonates beyond her own case. “They are using January 6 to just continue Trump’s narrative that the Justice Department was weaponized,” she said. “They were not.” Her refusal to accept clemency challenges Trump’s framing of the Capitol attack and underscores the ongoing struggle over how Americans remember that day.
What’s Next?
As for Hemphill’s future, she remains on probation and continues to speak out publicly, often sparring with other January 6 defendants online and on podcasts. In one episode, she debated Enrique Tarrio, the former Proud Boys leader who was also convicted and whose sentence was recently commuted by Trump. Hemphill says she expects pushback from the former president himself. “Trump will probably say that ungrateful lady, I’m going to make sure she gets back on probation and give her the worst you can give her,” she said.
While it’s unclear what, if any, legal consequences might follow her rejection of the pardon, one thing is certain: Pamela Hemphill’s story has sparked a national conversation about justice, accountability, and the complicated legacy of January 6.
