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The way Sen. Cheryl Kagan (D-Montgomery) sees it, “there are consequences to actions.” If you were convicted for storming the U.S. Capitol on Jan. 6, you should not be able to serve on a Maryland state panel or garner “a special appointment” by the governor for certain positions.
That’s the thrust of Kagan’s Senate Bill 962, which was heard Tuesday by the Senate Education, Energy and the Environment Committee. The bill would still allow those individuals to vote, run for a political office and even apply for various state jobs.
“It’s just the prestigious appointments by the governor to be on a board, a commission, task force or work group,” said Kagan, who serves as vice chair of the committee. “I hope that some of them regret their ways and would like to give back, but they shouldn’t be allowed to get a prestigious appointment, in my opinion.”
The bill also says that anyone convicted in the 2021 attack on the Capitol could not be appointed to certain positions within the executive branch of state government. In addition, a person wouldn’t be granted “a position categorized as a special appointment” under this statute.
A subsequent pardon by President Donald Trump (R) — who pardoned nearly 1,500 Capitol rioters on his first day back in office last year — wouldn’t make a difference. They would still be prohibited from serving on a state board.
Another part of the bill states, “If an appointing authority determines that an individual” did participate in the Jan. 6 insurrection, that board must “take immediate action to remove or terminate the employment of the individual.”
Kagan had two major backers on hand Tuesday: former U.S. Capitol Police officers Harry Dunn and Aquilino Gonell, who both were on the front lines at the Capitol on Jan. 6.
Gonell, 45, told the committee he was assaulted by more than 40 rioters, sustaining injuries that required surgery on his right foot and left shoulder. Gonell’s now retired after eight years in the Army and 17 years in the Capitol Police.
Although Gonell wrote a book about that day, “American Shield: The Immigrant Sergeant Who Defended Democracy,” he said the attack “changed my life, but not for the better.”
“This bill would help to remediate some of this trauma and PTSD because the people who assaulted me and my colleagues on that day should not be awarded,” said Gonell. “He [Trump] pardoned them and that’s a betrayal on our democracy and in law enforcement.”
Dunn has kept himself busy running a political action committee called Dunn’s Democracy Defenders. He ran unsuccessfully for Maryland’s 3rd District seat in Congress in 2024, and is now one of two dozen Democrats seeking to replace 5th District Rep. Steny Hoyer, who is retiring after more than four decades in Congress.
Dunn said Tuesday it’s hard to forget Jan. 6, especially when the White House calls nine people who stormed the Capitol and died — four on Jan. 6 and five later by suicide — “beautiful souls.”
“I would be less inclined to throw my full unwavering support behind this legislation if the Trump administration wasn’t actively trying to rewrite history,” Dunn said.
Sen. Ron Watson (D-Prince George’s), a member of the committee, said the individuals who stormed the Capitol “had a deranged president who coached them into those activities.”
But Watson asked what would happen if the governor pardoned someone convicted of a crime.
“Is there an opportunity to be able to resurrect some goodness out of that horrible, horrible event that could be to the benefit and be a part of the whole rehabilitation” process? he asked.
Kagan said the bill doesn’t deter anyone convicted from voting, seeking state employment, or even running for public office. She reiterated that the bill has a focus on gubernatorial appointments.
“This is just related to the one dark day, Jan. 6, 2021, and that stands alone. They can come back and serve and have a second chance,” she said.
Kagan said all the Democratic senators joined as co-sponsors and urged her Republican colleagues to join them.
None of the Republicans on the committee spoke, but at least two people submitted written testimony against the bill.
“This bill is partisan, overreaching, and unnecessary,” said Trudy Tibbals of Mount Airy. “Such measures politicize government employment and elected office, setting a dangerous precedent for disqualifying individuals based on past political involvement or protest activity.”
