Joe Biden Should ‘Un-Pardon’ Donald Trump If He Gives Himself A Self-Pardon, Constitutional Expert Says

If Donald Trump took the unprecedented step of issuing himself a presidential pardon on his way out of the White House, Joe Biden should reverse it and take the protection away, a constitutional expert opined.

Ken Gormley, an expert on the U.S. Constitution and president of Duquesne University, wrote in an op-ed for The Washington Post that Biden should not let Trump get away with breaking precedent by giving himself broad protection against potential prosecution. Responding to reports that he was considering issuing himself a pardon, Gormley wrote that it was not clear if Trump even held the legal capability to issue a self-pardon, but Biden should take a stand if he were to try it.

“In part because it’s unlikely that the legitimacy of such an audacious act would be determined in court, it’s important for the new president, with the advice of his Justice Department, to take a stand against this dangerous precedent,” he wrote, noting that this action would run counter to the text of the U.S. Constitution that implies these can only be given to others, not the president themselves.

Gormley explained that there is strong evidence that a self-pardon is not legally allowable. He noted that Richard Nixon’s own Justice Department’s Office of Legal Counsel advised that a self-pardon is not possible as it would violate “the fundamental rule that no one may be a judge in his own case.”

As The Inquisitr reported, many believe that Trump will try to give himself some kind of protection against the multiple investigations he will reportedly face once he is out of office and away from the de facto immunity that comes with the White House. Some believe that Trump may follow the precedent set by Nixon, who was issued a pardon by his successor, Gerald Ford. Many have speculated that Trump could resign at some point before his time in office comes to an end, putting Mike Pence in power and allowing Pence to issue it himself.

Trump reportedly faces an investigation from the state of New York into his business ventures and was also implicated in the hush money scheme that sent his former lawyer, Michael Cohen, to prison. Cohen said that Trump was aware of the actions to pay off women accusing him of having affairs with them and even directed the payments.

Other reports have signaled that Trump may also be considering issuing pardons to his adult children, who also face potential investigations.