US president’s clemency powers could see party fight

Significance

The APPA would place scrutiny mechanisms around the president’s pardon power. The bills have been introduced because their sponsors fear President Donald Trump and his White House -- which directly or indirectly face investigations relating to whether his presidential campaign colluded with Russia -- have something to ‘cover up’ and are readying to use the pardon powers to ‘silence’ witnesses and ‘protect’ people. Yet the president and White House deny any wrongdoing -- and thus any need or any plans to wield the pardon power in this way.

Impacts

• States may amend their laws to give their judiciaries more prosecutorial powers over federal pardon recipients.
• Congress might lack the votes to overturn a presidential veto of any pardon-related law.
• Trump will likely use his clemency powers to support his policy goals, such as immigration control.
• Greater sensitivity over clemency could hinder the president from legitimately exercising his clemency powers.