Because he knows the media will probably compare it to other pardons from the past, for example, the Marc Rich pardon. They demonized Rich's pardon so much that any other pardon after that is chicken feathers.
Closed circuit, not much said or released at the trial itself. Expect Lay to not testify, and to attempt to supress anything that might be damaging in the press. That way he can get his pardon on November 3rd.
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