Bills
| 3.23.22

Releasing Evidence Against the Recipient of a Presidential Pardon in Investigations Involving the President or His Family (H.R. 5551)

Do you support or oppose this bill?

What is H.R. 5551?

(Updated December 28, 2019)

This bill — the Abuse of the Pardon Prevention Act — would aim to prevent the president from abusing the pardon power by pardoning someone in connection with an investigation in which the president or their family member is a target, subject, or witness. It would require the Attorney General to provide all evidence from the federal investigation into the recipient of the pardon to Congress.

Argument in favor

The president shouldn’t be able to pardon people in connection with investigations in which the president or a family member is a target, subject, or witness without Congress getting access to evidence from the investigation.

Argument opposed

The president has the constitutional authority to issue pardons to whomever they please and Congress would be wrong to interfere with that by requiring the disclosure of pardons stemming from investigations involving the president.

Impact

Potential recipients of presidential pardons; and the president.

Cost of H.R. 5551

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Adam Schiff (D-CA) introduced this bill to prevent the president from abusing the pardon power for their personal benefit or to obstruct justice:

“President Trump already has signaled that he is willing to use his constitutional powers in order to protect those who remain loyal to him even if they are convicted of obstruction or perjury. By pardoning Scooter Libby.. Trump has sent a clear and unmistakable message to potential witnesses against him or members of his family that: ‘if you have my back, I’ll have yours.’ At a time of constitutional peril, it is incumbent on the Congress to stand up for the rule of law by creating a strong disincentive to the president issuing pardons to protect himself and obstruct ongoing investigations.”

This legislation has the support of 29 cosponsors, all of whom are Democrats.


Media:

Summary by Eric Revell

(Photo Credit: JTSorrell / iStock)