PolicyBrief
S. 256
119th CongressJan 25th 2025
Pardon Transparency and Accountability Act of 2025
IN COMMITTEE

The Pardon Transparency and Accountability Act of 2025 mandates public disclosure of presidential clemency justifications, requires formal justice impact assessments, and expands lobbying disclosure requirements for clemency-related activities.

Richard Blumenthal
D

Richard Blumenthal

Senator

CT

LEGISLATION

New Pardon Transparency Act Mandates Public Explanations and Two-Day Lobbying Disclosures

The Pardon Transparency and Accountability Act of 2025 pulls back the curtain on the President’s power to grant pardons and commutations. Under this bill, the days of quiet, unexplained clemency would end; the President must now publish a written explanation for every decision in the Federal Register and on the official White House website on the very day it is granted. This move shifts the pardon process from a behind-the-scenes legal maneuver to a public-facing action, ensuring that whether a decision involves a high-profile political figure or a non-violent offender, the reasoning is available for every citizen to read.

A Voice for the Victims

Section 4 of the bill introduces a mandatory 'Justice Impact Statement' prepared by the Pardon Attorney. This isn't just a internal memo; it requires the government to actively track down victims of the crime in question to get their take on the potential pardon. For example, if a person convicted of a major financial fraud is up for clemency, the Pardon Attorney must attempt to contact the people who lost their savings to include their statements in the report. This report also gathers input from local police and federal prosecutors to see if a pardon would mess up any ongoing investigations. Even if the President signs the pardon before the report is finished, the Pardon Attorney is legally required to complete and submit the findings to Congress anyway.

Tracking the Influence Peddlers

The bill takes a particularly hard line on the 'who you know' aspect of Washington. Section 5 expands the Lobbying Disclosure Act to include anyone paid to influence a pardon, regardless of how much time they spend on it or how much they are paid. Usually, lobbyists only have to register if they meet certain income or time thresholds, but for pardons, those loopholes are closed. If someone is hired to make even one phone call to the White House about a commutation, they have to register with the Senate and House within two days. They also have to file a report within 48 hours of every single contact they make, detailing who they talked to and which client is paying the bills.

Ensuring the Rules Stick

To make sure this doesn't become another set of ignored guidelines, the bill mandates a recurring 'compliance check.' Starting 180 days after the bill becomes law, and every two years after that, the Pardon Attorney has to study how well the executive branch is actually following these transparency rules. These findings are then sent to Congress every April. While this adds a new layer of paperwork for the Department of Justice and creates a much faster deadline for lobbyists, the trade-off is a system where the public can see exactly who is asking for a pardon and why the President decided to give it to them.