He’ll say it, but only newsy Democrats will hear him. The Republicans will say the bill didn’t go far enough, cost too much, and blah, blah, blah, glossing over the crazy powers it would have allowed. This isn’t any special ‘5d chess’, this is standard politics. Biden knows Congress won’t do ANY border deal now that Trump told them not to, so it doesn’t matter what concessions it has.
That is the exact problem.
As a society, we don’t want to teach people that it is EVER acceptable for the authorities to break rules/laws. They already have power. Why should they go free after breaking the rules meant to control their reach? At the least, they should get charged and go to trial by jury. Ideally, those juries should then convict in all but the most benign cases.
I remember at least a couple old shows had the good old ‘sheriff’ or whatever break some rule and then had to pay for it. And they did, and good guys accept that despite meaning well, they had done wrong and should have followed the law.
If you ask society at large to accept that breaking the rules is ok THIS time because this time is special and our guy is working for Team Good, then our society starts to allow that in all kinds of stupid real-life situations and you end up with criminal cops, politicians, and all manner of officials. Worse, you might end up with random citizens who think it is ok to break the law just because their leader tells them to.