Preemptive pardons are guaranteed by the Constitution and was upheld by the Supreme Court (Ex Parte Garland (1866)). Previous Presidents who have used preemptive pardons include Gerald Ford (Richard Nixon 1974), the first George Bush (Iran-Contra affair 1992) and Jimmy Carter (Vietnam draft dodgers, 1977). Those granted preemptive pardons by Joe Biden will never be tried in a federal court.
They are not when they interfere with constitutional law
