Democrats are wasting no time attempting to put new restrictions on one of President Donald Trump’s broadest constitutional powers, introducing legislation Wednesday targeting what critics describe as a booming market for presidential pardons.
Reps. Mike Levin (D-CA) and Jason Crow (D-CO) introduced the Abuse of the Pardon Prevention Act, seeking to crack down on potential conflicts of interest and the growing “pardon economy” surrounding Trump’s administration, CBS News reported Wednesday.
Levin accused the administration of overseeing a “pardon industrial complex” where wealthy individuals can effectively purchase access to presidential clemency.
“You literally, for the highest dollar amount, can go and buy a pardon,” Levin told CBS News in an exclusive interview.
While the legislation faces virtually no chance of making it past Trump’s veto pen, CBS News reported Wednesday that it offers “an early look at how Democrats, fresh off sweeping midterm wins, may use their new majorities to scrutinize Mr. Trump’s freewheeling use of the pardon power.”
A previous CBS News investigation revealed that wealthy defendants have hired Trump-connected lawyers and lobbyists to pursue pardons. The outlet found that roughly 70% of Trump’s second-term clemency actions bypassed the Justice Department’s traditional pardon office.
White House counsel Will Scharf rejected allegations of wrongdoing, insisting Trump exercises his constitutional authority ethically.
But legal experts told CBS News the Democratic proposal could face serious constitutional challenges.
“The constitutional remedy for the misuse of the pardon power is impeachment and removal,” said Samuel Morison, a former DOJ pardon attorney-adviser. “What you can’t do is exactly what this bill tries to do, which is regulate the exercise of the pardon power through legislation.”
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