A DOJ footnote states that the Deputy Pardon Attorney confirmed January 6 defendants with then-pending cases received pardons and were eligible to receive certificates of pardon. The footnote further states that a defendant remained considered pardoned even if no certificate was requested and that examples of issued certificates exist. The footnote was authored by two AUSAs, one of whom has not filed a notice of appearance. No declaration from the Deputy Pardon Attorney or the AUSAs accompanies the assertion. The footnote is used to rebut a claim of selective prosecution regarding charging decisions.
"(i) the January 6 Defendants with then-pending cases received pardons under the Pardon and were eligible to receive certificates of pardon, and (ii) that any January 6 Defendant was still considered pardoned even if a certificate of pardon was not requested. Additionally, the Deputy Pardon Attorney provided examples of certificates of pardon issued for January 6 Defendants with previously pending cases who requested a certificate."
"The two AUSAs in question are Mark McCarren, the only DOJ attorney who has filed a notice of appearance on the case and Benjamin Bleiberg, whose name appears as author in the document properties, but who hasn't filed a notice of appearance, a tactic that at least one, more senior, DOJ attorney has used to pretend to remain ignorant of case events in other politically sensitive cases."
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