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Supporters and released participants of the January 6 insurrection celebrate the release of prisoners outside the DC Central detention facility on Tuesday. Photograph: Jeremy Hogan/Sopa Images/Rex/Shutterstock.
The Guardian
January 27, 2025
Is this how you “Make America Great Again? Release a guy who was convicted of throwing an explosive device at Capitol Police?
A Florida man pardoned for his role in the January 6 Capitol riot was swiftly rearrested on Wednesday on federal gun charges.
Daniel Ball, 38, of Homosassa, Florida, remains detained after federal authorities executed an arrest warrant for illegal firearm possession – a charge that predates but emerged from his involvement in the 2021 Capitol insurrection. The arrest marks a complex legal move that suggests presidential pardons may not provide absolute protection from prosecution.
Initially charged with some of the most serious offenses during the Capitol riot, Ball was accused of throwing an explosive device into the Lower West Terrace tunnel, an action that reportedly disoriented police officers and caused hearing loss for some that lasted months. The magistrate judge Robin Meriweather had previously described Ball’s alleged actions as among the most violent of the January 6 attack.
Trump’s presidential proclamation dismissed Ball’s riot-related felony charges, pardoning him along with more than 1,000 other participants. However, the federal gun charge – stemming from a May 2023 search of Ball’s home that uncovered a .22 caliber rifle and ammunition – remained a separate legal matter.
Prosecutors argue that Ball’s previous felony convictions, including domestic violence battery by strangulation and resisting law enforcement, legally prohibit him from possessing firearms. According to the indictment, Ball’s criminal history disqualifies him from gun ownership under federal statute.
Ball’s brief invasion of the Capitol on January 6 lasted just two minutes. Court records indicate he entered through the Senate Wing door at 3.29pm, broke part of a wooden shutter, and then quickly exited. Later that day, at about 4.47pm, he allegedly threw the explosive device and additional objects at police attempting to protect the Capitol.
His attorney, Amy Collins, has indicated she will challenge the gun charges, arguing they are fundamentally connected to the pardoned January 6 case and that the “Florida case should be dismissed with prejudice pursuant to President Trump’s January 20th proclamation as to January 6 defendants.”
