How 'lame duck' Biden can 'stave off the worst' of Trump 2.0 before leaving office: ex-DOJ prosecutor

Just under two months from now, President-elect Donald Trump will be sworn in for a nonconsecutive second term.

Trump's administration picks, from former Rep. Matt Gaetz (R-Florida) for U.S. attorney general to former Rep. Tulsi Gabbard (an ex-Democrat turned far-right MAGA Republican) for intelligence director, indicate that he plans to surround himself with loyalists during his second term and avoid the type of conflicts he had with traditional conservatives during his first.

In an article published by the conservative website The Bulwark on November 21, Kimberly Wehle — a University of Baltimore law professor, scathing Trump critic and former federal prosecutor — lays out some of the things that outgoing "lame duck" President Joe Biden can do to "stave off the worst" of Trump 2.0.

"For starters," Wehle argues, "the White House could use its famous lectern adorned with the presidential seal to educate the American public about the rule of law. No, the Constitution's mandate that cabinet appointees get through Senate confirmation as a check on the president's power is not designed to be optional. No, the law does not allow Trump to invoke the military against peaceful protesters and 'blue' cities. The Posse Comitatus Act forbids it…. No, bullying the media into submission is not legal — it actually gets a special shoutout under the First Amendment."

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Wehle adds, "No, Trump can't just fire the federal workforce on Day One."

Biden, the former federal prosecutor emphasizes, must use his remaining time in office to show Americans "what the serious legal, economic, and practical implications will be if Trump manages to do any of these things."

"The president still has the power in this moment to stave off some of the worst of what’s to come," Wehle explains. "Biden could preemptively pardon DOJ, FBI, legislative, judicial, and other government employees who participated in the Trump investigations for any federal crimes that the likes of Gaetz and crew might cook up against them…. Biden could publicly call on Republicans in the Senate — and remember, he was himself a senator for decades — to resist the temptation to abdicate their constitutional duty at Trump's whims."

Wehle continues, "Biden could invite governors to Washington, D.C., for a summit to devise a plan to protect the states — and the nation — against the worst of what Trump has in store for us all. In short, Biden, Harris, and congressional Democrats could be reminding anxious Americans that we are not left to fend for ourselves. That defiance in defense of the Constitution is preferable to resignation in the face of chaos."

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Kimberly Wehle's full article for The Bulwark is available at this link.