President Donald Trump has pardoned a Jan. 6 defendant who had remained behind bars despite the sweeping grant of clemency for U.S. Capitol rioters because of a separate conviction for illegally possessing firearms.

A federal judge has criticized the Justice Department’s evolving position that a presidential pardon for a Kentucky man who stormed the U.S. Capitol also covers his conviction for illegally possessing guns at his home.

The Justice Department has concluded that a military veteran’s presidential pardon for charges that he stormed the U.S. Capitol also extends to his separate conviction for illegally possessing stolen grenades and classified information.