Schiff Introduces Legislation to Prevent Abuse of Presidential Pardons

Statement

Today, Rep. Adam Schiff (D-CA) introduced the Abuse of the Pardon Prevention Act, legislation to prevent this President or any other from abusing the pardon power for their own personal benefit or to obstruct justice. The legislation would require that if the President pardons someone in connection with an investigation in which the President or one of his family members is a target, subject, or witness, the evidence against the recipient of the pardon would be provided to Congress by the Department of Justice.

"The President has a broad power to confer pardons, but not when they are designed to insulate himself, his family and his associates from criminal investigation. Such an abuse of the pardon power would amount to obstruction of justice and is not countenanced by the constitution," Schiff said. "The Abuse of the Pardon Prevention Act creates a powerful check against deploying pardons in cases involving the president or his immediate family by ensuring that any evidence gathered in such an investigation is provided to Congress. The rule of law requires that a president use the pardon power only for reasons separate from his own criminal exposure."

Background:

There are unsettling indications that President Trump could use the expansive pardon power granted by the Constitution as an instrument to undermine the Special Counsel's investigation and other investigations into his business, family or his associates. The reintroduction comes one day before the President's former campaign manager, Paul Manafort, is scheduled to be sentenced by a federal judge in Virginia on charges brought by the Special Counsel's Office. The New York Times reported last March that the President's then-attorney, John Dowd, floated the possibility of a presidential pardon to attorneys for Paul Manafort, as well as former National Security Advisor Michael Flynn.

Article II, Section 2 of the U.S. Constitution provides that presidents "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." This legislation, if signed into law, would create a powerful disincentive for any president who seeks to use the pardon power as an instrument of obstruction in an investigation. It would grant Congress the power to conduct rigorous oversight, in a way that does not unduly burden the president's inherent constitutional powers, and deny the President the benefit they might seek to gain through abusing the power of the pardon.

The Abuse of the Pardon Prevention Act complements other proposals to prevent President Trump from interfering with the work of the Special Counsel, including the Special Counsel Independence and Integrity Act.

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