Biden’s Pardons and Their Legal Scope: Are Staff Members Protected Without Being Named?

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Members of the Select Committee to Investigate the January 6th Attack on the United States Capitol during a public hearing.

Unpacking the Controversy Around Presidential Pardons for January 6th Committee Staff

[WASHINGTON, D.C.] – When President Joe Biden issued a series of preemptive pardons for individuals potentially facing politically motivated prosecutions, some of these pardons raised questions about their broad and vague nature. Most notably, the pardons extended to members and staff of the Select Committee to Investigate the January 6th Attack on the United States Capitol included a sweeping provision that covered individuals associated with the committee, but did not specifically name them.

While many have questioned the vagueness of these pardons, it’s important to dive into the details and analyze whether the lack of specific names in Biden’s executive orders actually holds legal weight. Does this omission of names create a loophole, or is it simply a matter of how pardons work?

Some of the most discussed pardons were granted to the lawmakers and staff involved in the January 6th committee. The pardons did not mention individuals by name but referenced their roles within the committee or as staff. This broadly included: