Biden takes pride in the independence of his Justice Department, but Garland is not the head of a separate branch of government. In indicting Trump, the department’s prosecutors would be making a political decision of great consequence — but one that Biden has delegated to them and that he has final authority to void.

No matter what Garland decides, close to half of the country might have its faith in the Justice Department shaken by the Trump probe — either because it ends in prosecution or because it does not. A Biden reprieve of Trump (once Garland’s investigation is finished) would pull the Justice Department out of this political vise, helping to sustain its reputation. Progressive dismay would be redirected from the Justice Department as an institution and toward the political process.

This progressive dismay, of course, is one reason a pardon is such a remote possibility. The Biden White House is not one for daring gestures, and it might not care that an indictment helps Trump if Democrats see him as the easiest candidate to beat in a general election. But depending on the charges and context, a pardon could also diminish Trump in a primary, deflating his grievances and making him appear in debt to the magnanimity of his successor.