A man pardoned by President Trump for his involvement in the January 6 Capitol riot has now been sentenced to four years in prison for possessing an absolutely horrifying collection of child sexual abuse material, as reported by NBC News. Daniel Tocci, who was set to face trial for his Jan. 6 actions, saw his case dismissed after President Trump granted him clemency, along with about 1,500 other defendants linked to the Capitol attack.
Tocci received his sentence from U.S. District Judge Mark G. Mastroianni in the District of Massachusetts after he pleaded guilty to possession of child pornography. The Justice Department’s news release about his sentencing didn’t even mention his Jan. 6 connection. Investigators found over 100,000 images and videos of child sexual abuse on Tocci’s laptop, a discovery made during the initial Capitol riot investigation.
Federal prosecutors detailed in a sentencing memo that Tocci’s laptop contained far more than just child sex abuse material. They reported “extremely disturbing images of violent acts, such as a cat being killed by being put in a blender, a male shooting a female in the head, a dog being beaten to death, and severed heads and limbs, as well as images and videos of bestiality.”
Some of the Jan 6 rioters have turned out to be some of the worst human beings in existence
Before Tocci entered his guilty plea in September, his attorney tried to get the child pornography case thrown out. The argument was that “all the evidence” came from the pardoned Jan. 6 case. Tocci’s attorney wrote in July that President Trump “recognized the ongoing nature of the injustice against Mr. Tocci,” and that the investigation, which spanned four years, should have been dismissed entirely. The Justice Department didn’t respond to that motion before Tocci’s attorney withdrew it right before his plea hearing.
During President Trump’s second term, the Justice Department has taken different stances on whether evidence found during Jan. 6 investigations can be used for other crimes. They’ve argued that gun crime cases stemming from Jan. 6 should be dismissed, but they’ve held firm on child pornography cases like Tocci’s. Last year, President Trump even re-pardoned another Jan. 6 defendant, Dan Wilson, over a gun case that originated from his Capitol siege involvement.
However, the Justice Department maintained that President Trump’s broad Jan. 6 pardons didn’t cover a Capitol rioter’s plot to kill FBI agents who were investigating him, which resulted in a life sentence. It shows a clear line where they believe the pardons apply and where they absolutely do not.
Brian Cole Jr., who faces charges related to the pipe bombs found outside the Republican and Democratic national committee headquarters on the eve of the January 6 attack, has also argued that President Trump’s sweeping pardon should apply to his charged conduct. Justice Department attorneys recently requested more time to respond to Cole’s argument regarding the pardon.
In a related case, former Jan. 6 defendant Andrew Paul Johnson was sentenced to life in prison this month after being convicted of child sex crimes. Law enforcement officials alleged that Johnson used the promise of money he claimed he would receive from a Jan. 6 settlement with the Justice Department to try to silence one of his victims. President Trump has talked about compensating Jan. 6 rioters, but no one has received any payments from that.
Published: Mar 31, 2026 04:15 pm