Accountability Beyond Pardons: The Case of William McCall Calhoun Jr.

Legal expert Steven Lubet has hailed a recent decision by the Georgia Supreme Court as a vital moment of judicial integrity, even as federal legal consequences for the events of January 6, 2021, have been largely erased by the executive branch. In an editorial published Monday, February 16, 2026, Lubet celebrated the court’s unanimous rejection of a “lenient” punishment for William McCall Calhoun Jr., a Georgia attorney who participated in the U.S. Capitol riot.

The ruling establishes a significant precedent: in the state of Georgia, a presidential pardon does not shield an attorney from professional disbarment if their underlying conduct is found to be incompatible with the practice of law.


The Ruling: “Hard to See Anything Less Than Disbarment”

Despite a recommendation from the State Bar of Georgia and a special master for a mere public reprimand, the Georgia Supreme Court—composed of eight Republican appointees and one Democratic appointee—issued a forceful opinion on January 21, 2026.

  • The Core Argument: The justices stated that Calhoun’s actions—which included joining the first wave of rioters to force their way into the Capitol—were “very serious” and reflected “adversely on his fitness as a lawyer.”
  • Evidence of Intent: The court cited Calhoun’s own social media posts, where he boasted of a “hand-to-hand hostile takeover” and threatened to return “armed for war,” as evidence that he knowingly participated in a violent attempt to obstruct the administration of justice.
  • Independence from Pardons: The court explicitly clarified that while the President can wipe away criminal convictions, those “pardons do not prevent disbarment for the underlying activity that formed the basis of the crime.”

A Long Legal Odyssey

Calhoun’s path to disbarment has been marked by several dramatic legal shifts:

  1. 2023 Conviction: Following a bench trial, he was convicted of one felony (obstruction) and four misdemeanors. He served approximately one year of an 18-month sentence.
  2. 2024 Reversal: His felony conviction was vacated following the U.S. Supreme Court’s ruling in Fischer v. United States, which narrowed the scope of the felony obstruction statute.
  3. 2025 Presidential Pardon: Shortly after his second inauguration, the President issued a blanket pardon for roughly 1,500 January 6 defendants, including Calhoun.
  4. 2026 Disbarment Decision: Despite the pardon and the State Bar’s agreement to a light reprimand, the Georgia Supreme Court remanded the case, signaling that disbarment is the only appropriate sanction for an “insurrectionist.”

Comparison of Disciplinary Views (Feb 2026)

EntityProposed SanctionReasoning
State Bar of GeorgiaPublic ReprimandCited his lack of prior disciplinary record and “remorse.”
Special MasterPublic ReprimandConsidered the presidential pardon as a factor for leniency.
GA Supreme CourtDisbarmentActions constituted a “violent takeover” and an attack on the law itself.

Leave a Reply

Your email address will not be published. Required fields are marked *