Joe Biden's Lawyer Weighs in on Donald Trump's Potential Self-Pardon

Bob Bauer, a former White House counsel under President Barack Obama and a professor at New York University Law School, has urged Congress to intervene to prevent former President Donald Trump from potentially pardoning himself. Bauer, who is also Joe Biden's personal lawyer, contends that the power of self-pardoning by a president is not only controversial but fundamentally undermines the integrity of the legal system. He believes that Congress should act decisively to establish clear legislative boundaries against such an act.

Bauer argues that while it is uncertain whether Congress will be successful in this endeavor, it is crucial for the legislative body to assert its role in upholding the principles and integrity of the laws it enacts. According to him, Congress has a vested interest in ensuring that the laws it creates are respected and not subject to potential abuses of power.

Currently, Trump, who is the Republican nominee for the upcoming presidential election, is entangled in multiple legal battles. He faces trial in New York City on 34 charges related to falsifying business records in connection with hush money payments made to adult film actress Stormy Daniels. On May 30, a jury convicted Trump on all 34 counts, and he is now awaiting sentencing.

In addition to this, Trump is involved in a separate trial in Washington, D.C., where he is accused of attempting to unlawfully alter the outcome of the 2020 presidential election. Despite a recent Supreme Court decision on presidential immunity, the judge in this case has denied a request from Trump's legal team to dismiss the charges.

Trump is also confronting federal charges in Florida related to the alleged mishandling of classified documents. Although the trial judge initially dismissed these charges, the decision is currently under appeal by the prosecutors.

The power of presidential pardons is limited to federal offenses, and while presidents have historically been able to pardon others, there is no legal precedent for a president pardoning themselves. Bauer emphasized this point during an interview on the podcast *Stay Tuned With Preet* hosted by former federal prosecutor Preet Bharara. He highlighted the distinction between the roles of a criminal defense lawyer and a White House counsel, noting that a criminal defense lawyer might advocate for the right of a president to self-pardon, but a White House counsel should focus on broader constitutional implications.

According to Bauer, the legal basis for self-pardoning remains tenuous and constitutionally questionable. He expressed concern that if a White House counsel were to act merely as an enabler for the president in a specific legal predicament, it would represent a severe failure of duty. Instead, Bauer believes that a White House counsel should be focused on long-term constitutional issues and advise against self-pardoning.

To safeguard against potential self-pardoning, Bauer advocates for Congress to enact legislation that would create clear barriers to such an action. He warns that if Congress were to merely serve as a protective shield for the president rather than a guardian of constitutional principles, it would be disastrous for the democratic system.