Jan. 6 defendant says Trump pardon covers child pornography
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Left: President Donald Trump delivers remarks after signing legislation that blocks California’s rule prohibiting the sale of new gas-powered vehicles by 2035, in the East Room of the White House, Thursday, June 12, 2025, in Washington (AP Photo/Alex Brandon). Right: Kyle Colton at the U.S. Capitol on Jan. 6, 2021 (U.S. Department of Justice).

A former Jan. 6 defendant is requesting a federal judge in California to consider President Donald Trump’s mass pardon applicable to a related yet separate child pornography case.

This request aligns with several motions filed in recent months by other individuals ensnared by law enforcement after their initial arrests for involvement in the pro-Trump riots at the U.S. Capitol on Jan. 6, 2021.

Kyle Travis Colton, 38, was arrested in December 2023 and charged with five counts in a 15-page criminal complaint and statement of facts after he allegedly told passengers on a flight from Washington, D.C., to Los Angeles “that he was part of the ‘second wave’ of rioters.”

Then, in February 2024, Colton was charged in a four-page sealed indictment with one count of receipt of child pornography for allegedly receiving “one or more visual depictions” within interstate commerce “where the production of such visual depiction involved the use of a minor engaged in sexually explicit conduct.”

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The criminal complaint is largely made up of still images from surveillance and body-worn camera footage at the national seat of legislative government that fateful day. Investigators placed the defendant in multiple rooms and hallways amid the chaos.

The heart of the allegations against him were:

Review of the body worn camera (BWC) video from Metropolitan Police Department (“MPD”) officers in the Rotunda revealed COLTON not obeying orders by the officers to leave the Rotunda and COLTON standing in line with rioters as these other rioters had confrontations with the officers. These officers had initiated crowd clearing measures to include forming a police line, giving loud verbal commands, and using batons to move persons towards the exit door. COLTON only moved when the crowd was physically pushed towards the exit. Furthermore, COLTON remained standing side-by-side with these other rioters who were combating law enforcement officers. At one point COLTON grabbed a flagpole that was being used by a rioter to assault MPD Officer K.D. COLTON gained control of the flagpole, which Officer K.D. had also grabbed, and then gave it back to this rioter, who then fled into the crowd of rioters with the flagpole[.]

In October 2024, Colton pleaded guilty to one count of disorderly and disruptive conduct in a restricted building or grounds. He faced a maximum sentence of one year in prison and a $100,000 fine.

Gone were initial charges of obstruction of law enforcement during civil disorder, knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly conduct on Capitol grounds, and parading, demonstrating, or picketing in a Capitol building – replaced by a 1-count information in September 2024.

The defense and the prosecution submitted dueling sentencing memos in early January; Colton’s sentencing hearing was, somewhat fortuitously, slated for Jan. 21. The day before that, of course, the 45th and 47th president issued blanket pardons to all Jan. 6 defendants.

Later that same day, U.S. District Judge Randolph D. Moss, sitting in Washington, D.C., signed off on the government’s motion to dismiss.

Meanwhile, and as noted in the 12-page plea agreement, the child pornography charge lingered in the Eastern District of California.

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