A Hays County voter who contacted Texas Reporter seeking clarification about District Attorney candidate Kirsta Melton’s position on the Jan. 6 pardons prompted the publication to ask the candidate directly where she stands on the issue.
The voter, Mark Schram of Dripping Springs, told Texas Reporter he had asked Melton whether individuals convicted in connection with the Jan. 6, 2021, attack on the U.S. Capitol should have received pardons or clemency. According to Schram, the discussion became contentious and did not produce what he considered a direct answer to the question.
In response to questions from Texas Reporter, Melton said the disagreement stemmed from a fundamental difference between how voters often view political issues and how prosecutors are ethically required to approach criminal cases.
Texas Reporter asked Melton whether she supports the pardons and clemency granted to Jan. 6 defendants, whether she supports President Donald Trump’s decision to issue those pardons, and whether she believes categories of Jan. 6 defendants should or should not have been pardoned.
Rather than offering a blanket judgment about all Jan. 6 defendants, Melton said prosecutors have an ethical obligation to evaluate criminal conduct on an individual basis.
“I do not have access to a single investigatory file of the 1,583 people charged in relation to Jan. 6 or for the 400 who were investigated but not charged, which means I don’t have a factual basis for answering questions about the criminal conduct of those individuals,” Melton wrote.
Melton argued that prosecutors should not determine guilt or innocence based on media reports, public opinion or political affiliation, but instead on evidence presented in individual cases.
Her response largely echoed the position that Schram found unsatisfying: that she could not ethically make a sweeping determination about the criminal conduct of all Jan. 6 participants without reviewing the evidence in each individual case.
At the same time, Melton ultimately expressed a clear opinion about the mass pardons themselves.
“President Trump issued pardons or commutations to more than 1500 people charged with crimes related to Jan. 6,” Melton wrote. “For Jan. 6th, the President entirely bypassed that process and, as a result, his mass pardoning of people who either admitted guilt or were found guilty by hundreds of legally constituted juries undermined the legitimacy of the criminal justice system and, therefore the rule of law.”
Melton noted that more than 1,000 defendants pleaded guilty and that hundreds more were convicted by judges or juries. She said the traditional pardon process is designed to evaluate applications individually before recommendations are made to the president.
The candidate also said she trusts the work performed by federal prosecutors, judges and juries involved in Jan. 6 cases.
“I trust the judicial process in our country,” Melton wrote. “While it is not perfect, it remains the best system in the world.”
Melton requested that Texas Reporter publish her response in its entirety. Texas Reporter reviewed the full response and quoted it accurately in this article.
The exchange highlights a broader debate about the role of prosecutors in political controversies. While some voters seek clear political answers on national issues, Melton argues that prosecutors must remain focused on evidence, due process and individual accountability. Nevertheless, she made clear that she believes the sweeping Jan. 6 pardons damaged public confidence in the justice system and undermined the rule of law.
Editor’s Note: Melton provided Texas Reporter with a detailed written response and requested that it be published in its entirety. Texas Reporter made no commitment to do so and generally does not publish sources’ statements verbatim as news articles. Instead, we review responses, independently report the facts, and accurately quote and characterize sources’ positions. We believe this article fairly reflects Melton’s views as expressed in her response. As with any story, if factual errors are identified, Texas Reporter will promptly review and correct them.
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