A proposed constitutional amendment that would give Congress the power to block presidential pardons gained its first House Republican cosponsor on Monday.
Why it matters: It's a stark display of GOP defiance against President Trump, whose pardons have been the subject of bipartisan backlash in several cases.
- The president began his second term by pardoning thousands of Jan. 6 defendants, including many who were charged with assaulting law enforcement during the 2021 Capitol riot.
- He has since granted clemency or pardons to Rep. Henry Cuellar (D-Texas), former Rep. George Santos (R-N.Y.), Ozy Media CEO Carlos Watson, Silk Road creator Ross Ulbricht, former Illinois Gov. Rod Blagojevich and cryptocurrency mogul Changpeng "CZ" Zhao.
- Most recently, Trump pardoned five former NFL players who were convicted of financial and drug-related crimes.
Driving the news: Rep. Johnny Olszewski (D-Md.), who is leading the amendment, announced Monday that Rep. Don Bacon (R-Neb.) has signed on as the first Republican co-sponsor of the Pardon Integrity Act.
- The amendment would create a process whereby 20 House members and five senators could force a vote on nullifying a presidential pardon, which would then require a two-thirds majority in both chambers.
- "This amendment creates a narrow, commonsense check to ensure the pardon power is used fairly and responsibly — regardless of who occupies the White House," Olszewski said in a statement.
What they're saying: "Presidential pardons are an important constitutional authority, but like all powers held by the executive branch, these authorities benefit from the appropriate checks and balances the Constitution envisioned," Bacon said in a statement.
- "Across multiple administrations, we've seen legitimate questions raised about how this authority has been used at the same time, the ability of Congress to provide oversight has weakened."
- The retiring centrist Republican added: "Frankly, it is clear to me the pardon authority has been abused. I'm pleased to cosponsor Rep. Olszewski's Pardon Integrity Act, a constitutional amendment that establishes a narrow, commonsense guardrail."
Zoom out: Virtually every recent president has had at least one controversial pardon or commutation.
- For Bill Clinton it was Marc Rich. For George W. Bush it was Scooter Libby.
- Trump's first term saw a number of inflammatory pardons for close political allies and associates, including Michael Flynn, Roger Stone and Paul Manafort.
- Joe Biden, at the end of his term, pardoned his son Hunter, who was convicted of felony gun charges and pleaded guilty to tax charges.
Reality check: A Constitutional amendment itself requires two-thirds majorities in both chambers — and ratification by 38 states — to pass, making this effort an extreme long-shot.
