The prime suspects are probably tying themselves in knots, wondering wether to ask for a pardon or not. Wondering what charges may or may not be coming.
The catch with a pardon this late in the day is theres more to the process than the President announcing the pardon – until the process has been enacted and finalised ‘The President’ can change his mind and retract it Today the president is Trump, tomorrow its Biden – it can be a different president that revokes the pardon if it hasn’t yet been enacted.
So a pardon is potentially worthless – however you can’t pardon someone who’s innocent. Giving pre-emptive pardons out this late in the day basically attributes guilt to them moments before the protection the pardon was supposed to offer gets taken away.
A pre-emptive pardon can pre-empt a conviction and be issued before or even during a prosecution. They would be issued in circumstances where a trial and conviction would inevitably be followed by a pardon but they don’t contest the outcome of that trial – the pardon doesn’t overturn guilt it just overturns or reduces the sentence served by the guilty. It can’t pre-empt a ‘crime yet to be committed’ or a charge or prosecution yet to be made – so a pardon in itself reveals a ‘Crime against the United States’ has been committed by that person – as those are the only kinds of crime a President can pardon.