President Joe Biden is staring down a constitutional dilemma that could reshape American politics: Should he use his presidential pardon power to preemptively shield political figures from potential retaliation by President-elect Donald Trump? While Biden has the legal authority to issue such pardons, the real question is whether it’s a smart move or a dangerous precedent.

The U.S. Constitution grants presidents sweeping pardon powers, allowing them to grant clemency even before charges are filed. This isn’t new territory— President Gerald Ford, who, in 1974, granted Richard Nixon a blanket pardon for any crimes committed during his presidency. Nixon hadn’t been charged with anything when he resigned amid the Watergate scandal, but Ford’s decision was seen as an attempt to heal the nation. Fast forward to today, and Biden might face a similar scenario. But the stakes are higher this time, and the political climate is far more divided.

Trump has made his intentions clear. In a recent interview, he vowed to pardon individuals convicted of participating in the January 6 Capitol riot and even suggested targeting members of the House Select Committee that investigated the insurrection. With key allies like Kash Patel and Pam Bondi lined up for top positions, Trump’s plans to weaponize the justice system against political opponents seem all but certain.

Biden could use his pardon power to protect individuals like Dr. Anthony Fauci, retired General Mark Milley, and even the House Committee members from being politically persecuted. Supporters argue that it’s a necessary step to prevent the weaponization of the justice system. But critics, including legal scholar Jeffrey Crouch, warn that doing so could corrupt the very purpose of presidential pardons—transforming them from tools of mercy into instruments of political manipulation.

The risks are pretty obvious here. If Biden starts using clemency to cover his friends or throw his enemies under the bus, he’s basically inviting chaos where the justice system turns into another tool for political power plays. However, with Trump’s ever-growing list of enemies, Biden might not have the luxury of sitting this one out.

This decision could set a new standard for protecting political allies or start a whole new round of political revenge. Preemptive pardons could mess with the already fragile balance between justice and politics, and with America’s democracy in such a fragile state, this could be the breaking point.