Erin Burnett and Trump White House Lawyer Game Out Scenario Where Trump Pardons Himself from Prison: ‘Absolutely Incredible’

CNN’s Erin Burnett and former White House lawyer Ty Cobb, who served during the Donald Trump administration, explored a scenario in which the former president pardons himself from federal prison.

Trump is under investigation by a special counsel of the Department of Justice, which is probing his actions to overturn the 2020 election and also his retention of classified government documents upon leaving office. Burnett noted that Cobb previously said the feds have enough to get a conviction in the documents case.

“What happens, though, if this trial does not wrap up before the general election [and] Trump wins?” Burnett asked. “Does he just pardon himself and it all goes away?”

“Well, so those are all oddly–those are possibilities,” Cobb answered. “The sad thing is nobody knows. This is so unprecedented. The issue of whether Trump has the authority under Article II [of the Constitution] to pardon himself is a matter of academic debate. There are good lawyers on both sides of that. I tend to believe he doesn’t, but I could be wrong. The timing is, if there’s already been a verdict in the federal case… you would assume that that could be consequential during the election.”

Cobb pointed out that were Trump to be elected in November 2024, he wouldn’t be able to attempt to pardon himself until Jan. 20, 2025.

“He doesn’t have the power to pardon himself until he’s actually inaugurated,” he said. “So, if there’s a verdict, say, before the election in November, sentencing could easily occur in advance of him taking office.”

He went on to say under such circumstances, Trump could conceivably pardon himself while locked up.

“That’s absolutely incredible,” Burnett said. “Except for it’s a reality we could be looking at.”

Trump is currently under indictment in New York on state charges where he faces 34 counts of falsifying business records. he has pleaded not guilty to all of them. Because they are state charges and not federal, Trump would not be able to pardon himself in the case. The judge has set a trial date of March 25, 2024.

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