Bills
| 3.23.22

Should the President Have to Make Information About Pardons and Reprieves Public? (H.R. 1348)

Do you support or oppose this bill?

What is H.R. 1348?

(Updated December 13, 2019)

This bill would require the Attorney General to publish information about pardons or reprieves granted by the president in the Federal Register and on the president’s official website within three days of being granted. The information would include the person’s name, the date on which the reprieve or pardon was issued, and the full text of the reprieve or pardon. There is currently no requirement for the president to publish information about pardons or reprieves.

Argument in favor

The president shouldn’t be able to issue pardons and reprieves without notifying the public, especially if they’re issuing pardons related to an investigation they or their associates may be involved in.

Argument opposed

The president isn’t required to make information about pardons and reprieves public, and it’s not clear that Congress has the constitutional authority to require that they be disclosed. This bill is purely political.

Impact

The public; the Attorney General; and the President.

Cost of H.R. 1348

A CBO cost estimate is unavailable.

Additional Info

In-Depth: reintroduced this bill from the 115th Congress to require that all presidential pardons be disclosed to the public within three days of their issuance

“Our country deserves to know when and how our President has exercised his power to pardon. Presidential pardons should be transparent and that’s why I’m proud to reintroduce the Presidential Pardon Transparency Act to establish that principle in law and guarantee that our country will know if our President is using this power to sabotage the Special Counsel’s investigation.”

Congress,presidential pardons be disclosed to the public within three days of being granted:

“[This bill] will require the White House to disclose all the President’s pardons to guarantee transparency and to prevent President Trump, or anyone who succeeds him, from issuing secret pardons. There is currently no requirement that the President disclose pardons, even as he has reportedly weighed using them to sabotage Special Counsel Mueller’s investigation. The President has the power to pardon but the American people have the right to know how and when he has. The Presidential Pardon Transparency Act will establish this principle in law.”

This bill has 20 Democratic cosponsors in the 116th Congress. Last Congress, it had 37 Democratic cosponsors in the House and didn't receive a committee vote.

Of Note: During Special Counsel Robert Mueller's investigation, President Trump was reportedly considering pardoning his aides, relatives, and even himself. There hasn't historically been a law forcing the president to disclose pardons — it has simply been an established custom.

Media:

Summary by Eric Revell

(Photo Credit: Tim Evanson via Flickr / Creative Commons)