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 presidential transparency by requiring a public statement of reasons for pardons, a Justice Impact Statement detailing victim input, and lobbying disclosure for those seeking executive clemency. It also requires the Pardon Attorney to study compliance with the Act and report findings to Congress.

Richard Blumenthal
D

Richard Blumenthal

Senator

CT

LEGISLATION

Presidential Pardons Now Require Public Explanation: New Bill Demands Transparency, Victim Input

The "Pardon Transparency and Accountability Act of 2025" aims to shine a light on the presidential pardon process, pulling back the curtain on decisions that used to happen behind closed doors. This bill, if passed, would change the game by demanding more openness and accountability when the President decides to grant clemency.

No More Secret Pardons

The core of the bill (SEC. 3) forces the President to publicly explain why they're granting a pardon. This explanation has to be published in the Federal Register and on the official website, so it's not something that can be buried. Think of it like this: your boss can't just promote their friend without explaining why – there has to be a documented, public reason. This is a big shift from the current system, where pardons can happen with little to no public justification.

Victims Get a Voice

This bill also makes sure victims of crimes aren't left out of the loop. The Pardon Attorney must prepare a "Justice Impact Statement" (SEC. 4) whenever the President is considering a pardon. This statement has to include efforts to contact victims and any written statements they submit. Imagine you're directly impacted by a crime, and suddenly there's talk of a pardon. This bill ensures your voice is heard, and your opinion is part of the official record. The Pardon Attorney also has to gather opinions from the Attorney General, the Secretary of Homeland Security, and other law enforcement officials. This is all about getting a full picture of the potential impact of a pardon, not just on the person receiving it, but on everyone involved.

Lobbying in the Light

Here's where things get even more interesting. The bill amends the Lobbying Disclosure Act (SEC. 5) to include any lobbying efforts related to executive clemency. This means if someone is trying to influence the President's decision on a pardon, they have to register as a lobbyist and report their contacts within two days. This is a major step towards transparency, revealing who's trying to sway these powerful decisions and potentially preventing backroom deals.

Keeping Things Honest

To ensure everyone's playing by the rules, the bill requires regular studies and reports (SEC. 6) on compliance. The Pardon Attorney has to start studying how well the Act is working 180 days after it's enacted, and then every two years after that. The results of these studies, along with any recommendations for improvement, get sent straight to Congress. This is like a built-in check-up to make sure the law is actually doing what it's supposed to do.

Real-World Implications

While all these requirements for explanations and reporting could slow down the pardon process, the potential benefits are substantial. By giving victims a voice, requiring public explanations, and bringing lobbying into the open, the "Pardon Transparency and Accountability Act of 2025" aims to make presidential pardons more fair, transparent, and accountable to the people they impact.