However, the likelihood of success for any such indictment on state charges is low, according to David Gelman, a former federal prosecutor and defense attorney.

“The fact that there is no state action that could possibly take place here makes this a very steep climb,” Gelman told the Washington Examiner, arguing that any charges Krasner might pursue would face immediate challenges in court.

While presidential pardons cover federal offenses, they do not apply to state crimes. Krasner could face significant legal hurdles, including constitutional protections against double jeopardy. Attempts during Trump’s first term to prosecute allies like Paul Manafort in state court failed when judges cited those protections.

Krasner remarked about his considerations for future indictments on Tuesday, marking the first indication that state or local authorities may attempt to challenge Trump’s sweeping clemency for more than 1,500 people involved in the riot at the U.S. Capitol four years ago.

The progressive district attorney said he is investigating whether conduct by Jan. 6 convicts, particularly assaults on police or conspiracies involving extremist groups like the Oath Keepers and Proud Boys, might fall outside the scope of federal charges. He suggested some actions, such as using technology to commit crimes, violating state conspiracy laws, or infringing on state election statutes, could provide a path forward.

“To the extent the federal charges encompass everything we’re talking about, then this argument probably fails,” Krasner told CNN. “But I am very doubtful that it encompasses everything.” He said he is committed to holding individuals accountable, stating, “Those of us who actually believe in the rule of law … intend to preserve the values, traditions, laws, and Constitution of the United States.”

One target for Krasner could be Zach Rehl, a Philadelphia native and former leader of the Proud Boys. Other defendants who are from the area include Ryan Samsel, Phillip and David Walker, Brian Healion, Isaiah Giddings, and Freedom Vy.

Rehl, who had been sentenced to 15 years for his role in the riot, was among 14 people whose sentences were commuted under Trump’s executive clemency order. He was released on Tuesday, according to the Bureau of Prisons website.

Gelman described Krasner’s investigation to bring on additional charges in state court as a “strictly a political ploy by Krasner,” criticizing the district attorney’s focus on Jan. 6 cases while Philadelphia faces one of the highest crime rates in the country.

“Instead of addressing pressing issues like violent crime, he’s prioritizing actions against individuals pardoned years ago,” he said.

Krasner’s policies have long been controversial, even among fellow Democrats. Gelman said Krasner’s lack of allies in Pennsylvania’s Democratic leadership, attributing this to his “soft-on-crime” reputation.

“He is almost universally seen as out of touch with what the people of Pennsylvania need,” Gelman said.

The Washington Examiner contacted Krasner’s office for comment.