Should the President Have to Make Information About Pardons and Reprieves Public? (H.R. 3489)

What is H.R. 3489?

(Updated March 19, 2018)

This bill would require the Attorney General to publish information about pardons or reprieves granted by the president in the Federal Register and on the president’s official website within three days of being granted. The information would include the person’s name, the date on which the reprieve or pardon was issued, and the full text of the reprieve or pardon. There is currently no requirement for the president to publish information about pardons or reprieves.

Argument in favor

The president shouldn’t be able to issue pardons and reprieves without notifying the public, especially if they’re issuing pardons related to an investigation they or their associates may be involved in.

Argument opposed

The president isn’t required to make information about pardons and reprieves public, and it’s not clear that Congress has the constitutional authority to require that they be disclosed. This bill is purely political.

Impact

The public; the Attorney General; and the President.

Cost of H.R. 3489

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Raja Krishnamoorthi (D-IL) introduced this bill to require that all presidential pardons be disclosed to the public within three days of being granted:

“[This bill] will require the White House to disclose all the President’s pardons to guarantee transparency and to prevent President Trump, or anyone who succeeds him, from issuing secret pardons. There is currently no requirement that the President disclose pardons, even as he has reportedly weighed using them to sabotage Special Counsel Mueller’s investigation. The President has the power to pardon but the American people have the right to know how and when he has. The Presidential Pardon Transparency Act will establish this principle in law.”

This legislation has the support of 24 Democratic cosponsors in the House.

Media:

• Sponsoring Rep. Raja Krishnamoorthi (D-IL) Press Release
  
• Arlington Heights Patch
  
• The Hill