S.256 - Pardon Transparency and Accountability Act of 2025 (119th Congress)
Summary
The Pardon Transparency and Accountability Act of 2025 aims to increase transparency and accountability in the presidential pardon process. It mandates the President to publish a statement of reasons for granting pardons and requires the Pardon Attorney to prepare a Justice Impact Statement, considering victims' opinions and law enforcement perspectives. The bill also amends the Lobbying Disclosure Act to include lobbying contacts related to potential grants of executive clemency.
Expected Effects
This act would likely lead to greater public scrutiny of presidential pardons. It would also ensure that victims' voices and law enforcement opinions are considered in the pardon process. The changes to the Lobbying Disclosure Act would increase transparency regarding who is lobbying for pardons.
Potential Benefits
- Increased transparency in the pardon process, allowing the public to understand the reasoning behind clemency decisions.
- Victims of crimes committed by pardon recipients have a formal avenue to express their opinions and concerns.
- Law enforcement perspectives are considered, potentially preventing pardons that could hinder ongoing investigations or prosecutions.
- Greater accountability for lobbyists involved in seeking pardons.
- Regular studies and reports to Congress ensure ongoing evaluation and improvement of the pardon process.
Potential Disadvantages
- The increased requirements could potentially slow down the pardon process.
- The Justice Impact Statement could create additional workload for the Pardon Attorney and the Department of Justice.
- The requirement to disclose lobbying contacts related to pardons could deter some individuals from seeking legitimate clemency.
- The Act may not fully prevent controversial pardons, as the President retains ultimate authority.
- Potential for increased politicization of the pardon process due to greater public scrutiny.
Constitutional Alignment
The bill addresses Article II, Section 2, Clause 1 of the Constitution, which grants the President the power to grant reprieves and pardons. While the Constitution grants this power, it does not specify requirements for transparency or justification. This bill seeks to regulate the process by adding requirements for transparency and consideration of victim input, which does not directly contradict the constitutional grant of power. The bill does not appear to infringe on any other constitutional provision.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).