Former President Joe Biden granted blanket pardons to five family members in the last hour of his presidency, the final acts of clemency that also included sweeping pardons for members of Congress who investigated Trump’s role in the assault on the Capitol four years ago.

Shielding people who have never officially been accused of any wrongdoing and conducting a jail break for insurrectionists are not equivalent acts.

Joe Biden’s preemptive pardons are a valid use of pardon power. But they break new ground as a shield for those the president seeks to protect, scholars say.