Understanding S256: Pardon Transparency and Accountability Act of 2025

The Pardon Transparency and Accountability Act of 2025 introduces several new rules to make the presidential pardon process clearer. First, it requires the President to publish a written explanation whenever a pardon or commutation is granted. This explanation must be available in the *Federal Register* and on the official presidential website on the same day the clemency is granted. This means that the public can see why a pardon was given right away. The bill also gives new responsibilities to the Pardon Attorney, a role within the Department of Justice. The Pardon Attorney must prepare a Justice Impact Statement, which looks at how the pardon might affect ongoing investigations or prosecutions. This statement must be shared with the President and Congress within 30 days. Additionally, the Pardon Attorney must notify victims of the crime related to the pardon, allowing them to submit written statements about how the pardon might affect them. Another important change is the requirement for lobbyists who contact officials about pardons to register and report their activities within two days. This expands the existing Lobbying Disclosure Act of 1995. Finally, the bill calls for the Pardon Attorney to conduct studies every two years to ensure that these new rules are being followed and to suggest improvements.

This bill is important because it aims to make the presidential pardon process more transparent and fair. For a long time, the President's power to grant pardons has been unchecked, which has led to controversial decisions. By requiring explanations and allowing victims to have a say, the bill seeks to prevent abuse and ensure that pardons are granted for the right reasons. Everyday Americans are affected by this because pardons can impact justice and public safety. For example, if someone who committed a serious crime is pardoned without a good reason, it could harm the community. By making the process more open, the bill helps build trust in the government and ensures that decisions are made with public input and oversight.

- Increases Public Transparency: Supporters say that requiring the President to explain pardons helps end the secrecy and allows the public to understand why decisions are made. - Protects Crime Victims: The bill gives victims a chance to share their views, which supporters believe is crucial for fairness and healing. - Assesses Justice System Impacts: By evaluating how pardons affect ongoing cases, the bill aims to prevent interference with important legal proceedings. - Curbs Improper Lobbying: Strengthening lobbying disclosure rules is seen as a way to prevent corruption and undue influence in the pardon process. - Enhances Accountability via Reporting: Regular studies and reports ensure that the new rules are followed and help identify areas for improvement.

- Infringes on Presidential Prerogative: Critics argue that the bill could limit the President's constitutional power to grant pardons freely and quickly. - Administrative Burdens: The new duties for the Pardon Attorney might strain resources and delay urgent pardons, such as those for terminally ill prisoners. - Victim Notification Challenges: Finding and contacting victims, especially in older cases, could be difficult and might reopen old wounds. - Lobbying Overreach: Some worry that the expanded lobbying rules could discourage legitimate advocacy efforts. - Reporting Overhead: Opponents believe that the requirement for biennial studies adds unnecessary bureaucracy without clear benefits.