WESTERN DISTRICT OF NORTH CAROLINA — David Daniel, who received a presidential pardon for assaulting law enforcement during the January 6, 2021, attack on the U.S. Capitol, has reached a plea agreement in federal court in the Western District of North Carolina on charges of sexual exploitation of a minor and possession of sexually explicit images of children, according to court filings.

In 2015 and 2016, Daniel enticed a minor under the age of 12 to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct, according to court documents. Prosecutors said he also persuaded a separate victim under the age of 18 to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.

Daniel had admitted to assaulting law enforcement officers during the January 6 breach of the U.S. Capitol. He was arrested in connection with the Capitol attack in November 2023. President Donald Trump subsequently pardoned him for his conduct related to the events of January 6.

U.S. District Judge Matthew Orso addressed in court documents whether the presidential pardon covered the child exploitation charges and concluded that it did not. "Child exploitation is not 'conduct related to the events at or near the United States Capitol on January 6, 2021,'" Orso wrote. He added, "The pardon's plain language does not apply to the indictment in this case."

The Trump administration has decided to treat guns seized during January 6 raids differently from child sexual abuse material uncovered during those same investigations. The administration has not committed to making settlement agreements with January 6 defendants that would direct payments to victims of child sexual abuse.