The decision involving the Jan. 6 defendants followed the controversial pardons former President Joe Biden, which were issued to people who have not been charged with a crime, including Liz Cheney, Dr. Anthony Fauci and members of his own family. "These preemptive pardons, that is something that's a whole 'nother frontier," Bogen said.

President Donald Trump criticized his predecessor’s preemptive pardons to the Jan. 6 committee and others.