Column: Why Biden should hope that Trump pardons himself on the way out the door

Atty. Gen. William Barr said he appointed U.S. Atty. John Durham special counsel in October, giving him extra protection to investigate the origins of the Trump-Russia investigation beyond the Trump administration.Biden faces a genuine dilemma. A bedrock principle of American democracy is that no man is above the law, not even a president.

Fairly or not, it would look like “victor’s justice.” Democrats condemned Trump for encouraging followers to chant “Lock her up” about Hillary Clinton; it would be hard to justify “Lock him up” as a substitute, however much more Trump might deserve it. And it would be a divisive, all-consuming spectacle that would get in Biden’s way as he sought to pass legislation and implement“The arguments on both sides are extraordinarily powerful — and not reconcilable,” Donald B. Ayer, a former top Justice Department official under President George H.W. Bush, told me.

Eisen’s advice: “Let the states go first. Their investigations are already underway.” And a federal pardon doesn’t cover prosecution by state or local prosecutors.

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