Correct. There's still the issue of what preemptive pardoning should truly entail. So you could feasibly just start investigating them (probable cause or whatever?) because, by making the pardons, Biden has arguably identified things for which to pardon them.
Ah. Thanks.
They could still try to argue it again and go all the way to SCOTUS though, right? Not to say it wouldn't be a waste of time.
Correct. There's still the issue of what preemptive pardoning should truly entail. So you could feasibly just start investigating them (probable cause or whatever?) because, by making the pardons, Biden has arguably identified things for which to pardon them.