Representatives Mike Levin (D-CA) and Jason Crow (D-CO) introduced the Abuse of the Pardon Prevention Act on Wednesday. The legislation aims to increase oversight of presidential pardons, targeting acts of clemency that involve potential conflicts of interest or favors for political allies and donors. The move follows a CBS News investigation reporting that 70% of President Trump's second-term clemency actions bypassed the Justice Department's pardon office, a figure that rises to 92% when including Jan. 6 defendants.
The bill was introduced by members of the "End Corruption Caucus" following midterm elections where Democrats gained new majorities. Rep. Levin stated that the current pardon process has become a "pardon industrial complex" where access can be purchased. In response, White House Counsel Will Scharf stated that President Trump performs his duties in an "ethically sound manner" and called suggestions to the contrary "ill-informed or malicious." The White House maintains that a robust review process exists involving the White House counsel, the Justice Department, and pardon czar Alice Johnson.
The bill would authorize the Justice Department's inspector general to investigate pardons that present potential conflicts of interest. It would explicitly state that a president or vice president can be prosecuted for trading pardons for items of value and would prohibit the use of self-pardons. Additionally, the legislation would require pardon recipients to disclose gifts made to projects associated with the president, such as a presidential library or the White House ballroom.
The concrete change for federal officials is the explicit statement regarding criminal prosecution if a pardon is found to have been traded for something of value. However, the bill faces legal and political challenges. Legal experts, including former Justice Department pardon attorney-adviser Samuel Morison and law professors Josh Blackman and Brian Kalt, told CBS News that the bill likely conflicts with the president's constitutional authority. They argued that a statute cannot legally restrict a power granted by the Constitution and that the appropriate remedy for misuse is impeachment, not legislation.
Rep. Levin argued that Congress can use its "power of the purse" to ensure independent investigations regardless of constitutional debates. What happens next depends on the new Democratic majority's ability to advance the bill through Congress; however, the legislation is expected to face a presidential veto. President Trump has previously stated he believes he possesses the power to pardon himself, though he has not indicated plans to do so.