Congress Should Curb the Illicit Use of Pardon Powers by a Rogue President

Source: The UnPopulist
by Kim Wehle

“[W]hat, if anything, can be done now about pardons-for-bribes? Congress can step up in at least two ways. The first reform entails amending the Lobbying Disclosure Act (LDA) to specifically cover lobbying for pardons. The second reform would involve amending the Freedom of Information Act (FOIA) to make clear that the records of pardon decisions — including communications from or to anyone seeking to influence the process or final decision — must be available for public scrutiny. Both reforms could, in theory, be struck down by the Supreme Court’s conservative majority applying Trump v. U.S. But because these reforms would not actually restrict presidents’ ability to pardon … they should pass constitutional muster, much like other constraints on the pardon that the Supreme Court has previously recognized (including bans on pardons for crimes that have not been committed or on pardons that the recipient rejects, for example).” (10/28/24)

https://www.theunpopulist.net/p/congress-should-curb-the-illicit