The Looming Presidential Pardons

Despite the frivolous lawsuits and cries that the election was “stolen,” president Trump will leave office on January 20, 2021. Almost as certain as his departure is that he will grant a flurry of pardons on his way out the door, perhaps including trying to pardon himself. Given the breadth of the pardon power, there is little that can be done about that. Such pardons, even if controversial, will almost certainly be valid – with the possible exception of a self-pardon. But despite his anticipated best efforts, Trump will not be able to completely shield his family and colleagues – or himself – from future legal liability.

Source and Scope of the Pardon Power

Article II, Section 2 of the U.S. Constitution gives the president the power “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This clause traces its roots to the power to grant clemency that English kings had for centuries. It’s an important part of our system of checks and balances, allowing the president to correct mistakes or perceived excesses in the justice system or simply to grant forgiveness in appropriate cases. Other than excluding impeachment, the Constitution contains no limits on this presidential power.

Although often referred to by the shorthand “pardon power,” this clause gives the president the ability to grant other forms of clemency as well, such as a commutation or reduction of sentence. For example, in the recent case of Roger Stone, president Trump commuted Stone’s 40-month sentence to keep him out of prison but did not grant him a full pardon. Similarly, president George W. Bush commuted the sentence of White House aide Scooter Libby for his role in the Valerie Plame/CIA leak case but refused to grant Libby a pardon, despite the vigorous objections of Libby’s boss, Dick Cheney.

A pardon represents presidential forgiveness for federal crimes that have been, or may have been, committed. It does not expunge any convictions or seal the recipient’s record, and the recipient still stands convicted. But a pardon removes collateral consequences that may flow from a conviction, such as restrictions on the right to own a firearm or the right to vote. A person whose sentence is commuted but who is not pardoned still bears those other consequences. That’s why someone who has merely had their sentence commuted might seek a full pardon later. Trump pardoned Scooter Libby a decade after Bush had refused to do so, and it seems likely Trump will pardon Stone now that the election is over.

Another difference is that a commutation or reduction of sentence can only come into play if the recipient has actually been convicted and sentenced to some form of punishment. A pardon, on the other hand, may be granted even if a person has not yet been convicted of anything – Gerald Ford’s pardon of Richard Nixon being the most famous example.

A presidential pardon may only cover crimes that have already been committed. A president cannot grant a sort of prospective immunity, authorizing someone to engage in future criminal acts by granting them a blanket pardon.

Most significantly for Trump, the president may only grant pardons for federal crimes. He cannot pardon anyone for state offenses.  If an individual receives a presidential pardon, a state generally is still free to prosecute that individual for the same acts if they also constitute state crimes.

Trump’s Use of the Pardon Power

Trump’s use of the pardon power has been controversial. For the most part, he has bypassed the system set up within the Department of Justice and the Office of the Pardon Attorney for reviewing petitions for clemency. He has been more likely to grant clemency based on appeals by a Fox News host, political ally, or other personal connection. His more controversial pardons include Libby, Arizona Sheriff Joe Arpaio, and conservative activist Dinesh D’Souza. He was roundly condemned, including by many in the military, for pardoning soldiers convicted of committing war crimes in Afghanistan, after their cause was promoted on Fox News. Trump also commuted the sentence of former Illinois Governor Rod Blagojevich, who was serving a fourteen-year sentence after being convicted of multiple counts of corruption.

Former president Bill Clinton
Former president Bill Clinton

Pardons as a President Leaves Office

It’s not unusual for presidents to grant a number pardons as they are getting ready to leave office. Some of those pardons have been controversial. Bill Clinton pardoned fugitive financier Mark Rich on his last day in office. The FBI later investigated that pardon based on allegations it may have been granted in exchange for large donations to Democrats and the Clinton presidential library by Rich and his wife, although no criminal charges were ever filed. Clinton also pardoned his own brother, Roger, for a minor drug offense.

As he was about to leave office, George H.W. Bush pardoned six defendants about to go to trial over the Iran-Contra affair, including former defense secretary Casper Weinberger. Independent counsel Lawrence Walsh was outraged, suggesting the pardons might constitute obstruction of justice and that Bush acted to prevent information about his own involvement in the scandal from being revealed. (In an interesting historical twist, Bush’s move was supported by then-attorney general William Barr.)

So Trump certainly would not be the first president to raise some eyebrows with his parting pardons. But no previous president has ever had the potential to pardon so many of his own family members or close associates, including many who could potentially implicate the president himself in criminal activity. And no president has tried to pardon himself – although Nixon reportedly considered it.

Michael Flynn
Michael Flynn

Who Might Receive a Pardon?

The Mueller Defendants

The first likely recipients of a Trump pardon are those convicted as a result of the Mueller investigation. Trump, of course, has repeatedly attacked that investigation. His attorney general, William Barr, misled the public about Mueller’s report and has worked to undermine prosecutions that resulted, including by seeking to dismiss the Michael Flynn case and intervening in the sentencing of Roger Stone. It would be easy for Trump to justify these pardons by claiming they were all the result of the illegitimate Mueller “witch hunt.” Such pardons would have the added benefit for Trump of rewarding those who could potentially implicate him in wrongdoing and ensuring their continued loyalty.

Flynn seems like a prime candidate for such a pardon. Barr’s DOJ has tried to drop the charges against him after he pleaded guilty to lying to the FBI. The case remains mired in litigation over whether the trial judge must grant the government’s flawed motion to dismiss. By moving to drop the charges, Barr tried to free Flynn while allowing Trump to avoid taking the political heat of granting a pardon prior to the election. Now that the election is over, those political concerns are gone. Given the history, it frankly would be shocking if Trump did not pardon Flynn.

Roger Stone is another likely candidate. Trump commuted his sentence as he was about to report to jail, but now that the election is over look for Trump to bump that commutation up to a full pardon. Stone remained loyal by lying to Congress to protect Trump and refusing to cooperate even when prosecuted for those lies. Expect him to be further rewarded with a full pardon.

The outlook for other Mueller defendants is more cloudy. At times Trump has expressed sympathy for his former campaign manager Paul Manafort, who was convicted of money laundering and related financial crimes based on his work in Ukraine. Manafort pleaded guilty in a second case and agreed to cooperate with Mueller, but ended up lying to Mueller’s investigators. Trump and Manafort were reportedly never that close, but Trump might still pardon him just to take a shot at Mueller. The same is true for deputy campaign manager Rick Gates. Other lesser Russiagate players such as George Papadopoulos might be pardoned as well, again if for no other reason than to try to erase any results of the Mueller probe.

Other Former Insiders

Trump’s former personal attorney Michael Cohen almost certainly does not expect a pardon. Cohen was convicted of fraud and other charges in New York in a case that was spun off from the Mueller probe. His plea notably included a campaign finance charge for the payoff to Stormy Daniels that Cohen says was made at Trump’s direction. He potentially has a great deal of information that could implicate the president. But Cohen has completely turned against Trump, writing a harshly critical book and regularly criticizing him on cable news. He has said he doesn’t want a pardon, and he’s almost certainly going to get his wish.

Other former insiders have legal troubles of their own, but have also fallen out of Trump’s favor. For example, former presidential advisor Steve Bannon is now facing a federal fraud indictment for his involvement in a bogus fundraising scheme related to building Trump’s border wall. Bannon was once the consummate insider, but has also been critical of Trump since leaving the White House. Don’t expect him to receive any presidential clemency.

Donald Trump Jr.
Donald Trump Jr.

Trump Family Members

Up to this point we’ve been considering those who have already been charged or convicted. But Trump could also pardon individuals who have not yet been charged with anything, including members of his own family. For example, he could issue pardons for his son Don Jr. and son-in-law Jared Kushner for any crimes committed in connection with the 2016 presidential campaign and possible cooperation with Russia in its efforts to influence that campaign, or for any cover-up crimes related to the later investigations by Mueller and by Congress.

It’s not clear Don Jr. or Kushner want or need any such pardons; Mueller did not find that they had any criminal liability. But Mueller was not able to obtain all the information that he sought, and other facts could come to light under a new administration. Trump might be interested in issuing a sort of prophylactic pardon for any criminal acts related to Russia, the campaign, or the subsequent investigations, just as a precaution. On the other hand, he might conclude that issuing such pardons could make it sound like there was something to the “Russia hoax” after all.

Those who have not been charged or convicted could be reluctant to accept a pardon because they might think it would mean admitting they had done something  wrong. But as I discussed in this earlier post, the view that accepting a pardon means you are admitting  guilt is now generally discredited. For example, if a president were to pardon someone convicted of murder and then exonerated by DNA evidence, we clearly wouldn’t say that defendant is admitting he is guilty if he accepts the pardon. Trump family members and associates could easily claim they have done nothing wrong but will accept the pardons just to prevent a future, vindictive Democratic administration from pursuing baseless allegations.

Other Possible Pardons

There are other investigations that Trump could potentially try to head off by granting pardons. Not all of them are public, so it’s hard to know the full scope of what he could do here. For example, an investigation into financial misconduct related to the 2016 Trump inauguration may still be pending in the U.S. Attorney’s Office for the Southern District of New York. There could be other investigations pending within that office related to potential financial crimes by the Trump Organization. Presidential attorney Rudy Giuliani is reportedly still under investigation for some of his overseas business activities. To the extent there are such investigation still ongoing, Trump could short-circuit them by simply pardoning everyone who is under scrutiny.

Could Granting the Pardons Be a Crime?

It’s legally possible for granting a pardon to be a criminal act;  for example, if a president granted a pardon in exchange for a bribe. During the Mueller investigation there were allegations that Trump attorneys had dangled the possibility of pardons in front of witnesses to encourage them not to cooperate. As I wrote here, had that been established I think it could constitute bribery. Similarly, granting a pardon to head off an investigation into the president himself could potentially constitute obstruction of justice. But at this late stage, proving the requisite corrupt intent to make any of Trump’s parting pardons a potential crime would be extremely difficult.

Can Trump Pardon Himself?

The great unanswered question is whether Trump can pardon himself. Trump has claimed he has that right, but most legal experts disagree. The Office of Legal Counsel in Nixon’s Department of Justice opined that a president could not self-pardon. But no court has ever ruled on the question, and that OLC opinion is not binding on Trump. He could be the first president to test this legal proposition.  

For example, Trump could pardon himself for any obstruction of justice he may have committed during the Mueller investigation – probably his most clear-cut criminal exposure. If a Biden Department of Justice then tried to indict him for that obstruction – a big “if” — Trump would raise the pardon as a defense and move to dismiss. That would seem like a legal question destined to be decided by the Supreme Court.

Again, Trump may be reluctant to grant himself a pardon if he thinks it makes him look guilty. But he could easily rationalize it by saying he has done nothing wrong but needs to protect him from future unjustified “witch hunts.”

Trump and Pence
Mike Pence with President Trump

The Possible Pence Gambit

Trump could also engage in some more complicated gymnastics to seek to ensure that he receives a valid pardon. For example, he could resign the presidency prior to Biden’s inauguration. Mike Pence would then become president, with the power to pardon Trump.

Imagine this scenario: Over the next few weeks, Trump pardons his family members, associates, and anyone else who needs it, perhaps including Pence himself. Trump then resigns on the morning  of January 20, a few hours before Biden is inaugurated. Pence is sworn in and becomes president for the morning, and issues the pardon to Trump. It sounds crazy, but a lot of crazy things have happened over the past four years.

Trump could also act under the 25th Amendment to declare himself temporarily unable to perform the duties of president. That would make Pence the acting president until Trump declares himself fit again, and Pence could grant the pardon.  Of course, if Trump’s declaration was found to be a fabrication, that could call any such pardon into question.

It’s unclear whether Trump is interested in pardoning himself, or whether he would be willing to take the more dramatic step of resigning early to allow Pence to pardon him. It’s also unclear whether Pence, who has to think about his own political future, would agree to go along.

State Charges and Civil Cases

The most ominous aspect of all this for Trump is his inability to grant pardons for state charges. New York District Attorney Cyrus Vance has been conducting a grand jury investigation of Trump and the Trump Organization for the past couple of years and has been fighting to obtain Trump’s tax returns. The Supreme Court ruled in his favor last spring; the matter is now back before the Court and he is likely to prevail once again.  Vance has indicated that possible charges include not just the Stormy Daniels hush money payments but also bank fraud, insurance fraud, or tax fraud.

These potential state charges pose a real risk to Trump, and as president he can’t really do anything about them. If he does end up facing any criminal charges after he leaves office, New York state is the most likely source.

Trump also can’t pardon his way out of the many civil cases against him that may be pending or may be brought in the future, such as the defamation case by E. Jean Carroll, a woman who claims Trump sexually assaulted her. These can’t result in criminal convictions, of course, but could require Trump to pay damages or face other civil sanctions.

It will be very interesting to see what Trump does in the next couple of months. The expected flurry of pardons may turn out to be maddening and even shocking – another entry in the catalogue of outrages from this administration. But despite the awesome power of the presidency, Trump will be unable to shield himself and those around him from all potential legal consequences after he leaves office.

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The Protecting Our Democracy Act

Last week House Democrats introduced new legislation, the “Protecting Our Democracy Act,” described as “a landmark reforms package that will prevent future presidential abuses, restore our system of checks and balances, strengthen accountability and transparency, and protect our elections.” The need for such reforms has become apparent in light of the abuses by the Trump administration over the past four years. Trump’s actions — including stonewalling Congressional investigations, firing Inspectors General, and interfering in criminal investigations — have highlighted how much the proper functioning of the executive branch has relied on unwritten norms without legal force to back them up. The legislation seeks to provide some new legal muscle to enforce those norms.

Just as in the post-Watergate era, legislators in the post-Trump era must take steps to ensure that the abuses by this administration are not repeated. The bill has no chance of passage until after the election, and only then if the Democrats succeed in taking the Senate. But overall it’s a solid package of much-needed reforms, and the country would benefit from its passage.

Roger Stone
Roger Stone

Preventing Abuse of the Pardon Power

Title I of the Act contains reforms designed to prevent the abuse of the pardon power by a president, with “pardon power” broadly defined to include not only granting pardons but also the commutation of sentences. Pardon reform is tricky, because the Constitution gives the president broad authority to grant clemency. Congress probably can’t simply prohibit particular kinds of pardons. Instead, the legislation seeks to increase transparency surrounding pardons and to clarify that in some circumstances granting a pardon may run afoul of other criminal laws.

President Trump’s use and threatened use of the pardon power has led to several different controversies. During the Mueller investigation, there were reports that attorneys for the president may have dangled the prospect of a pardon before potential witnesses such as Paul Manafort and Michael Flynn. The implication was that they should refuse to cooperate against the president and if they got into any trouble, Trump would pardon them. More recently, when Trump confidant Roger Stone was convicted for obstruction of justice and lying to Congress about his role as an intermediary between the Trump campaign and Wikileaks concerning stolen Democratic emails, Trump commuted Stone’s sentence rather than allow him to report to prison.

The first section of this Act requires that for pardons involving certain “covered offenses” the Attorney General must provide to Congress within thirty days the Department of Justice investigative materials related to the offense and consideration of the pardon. The president must also produce to Congress within the same time period any materials produced or obtained by the White House pertaining to the pardon. “Covered offenses” under this section include offenses arising from investigations where the president or one of his/her relatives is a target, subject or witness, offenses involving refusal to testify or provide documents to Congress, and crimes of obstruction of justice, false statements, or perjury related to Congressional proceedings or investigations.

This first section is primarily about transparency. Again, Congress can’t prohibit the president from pardoning a family member, or from commuting the sentence of someone like Roger Stone. But the Act seeks to ensure that Congress and the public will at least receive information related to the grant of any such pardons. Of course, this depends on compliance by the DOJ and White House; with the current administration, for example, we might expect them to resist compliance with at least some of these requirements, perhaps by claiming executive privilege over the pardon deliberations.

Pardons and Bribery

The Act also clarifies that federal bribery law may apply to granting pardons. It specifies that the definition of “public official” under 18 U.S.C. 201, the primary federal bribery law, includes the president and vice president. It further specifies that the grant of a pardon or other clemency could serve as an “official act” under that statute, and that the grant of clemency also could constitute a “thing of value” under the statute in a case involving bribery of a witness.

Once again, these changes would not outlaw a president pardoning a witness against himself. But they seek to clarify that, in such a case, the act of granting the pardon may violate federal bribery law, even if the pardon itself stands. These changes are primarily clarifications, not new requirements. As I wrote here, I believe under the existing law it’s already true that granting a pardon is an “official act” and could be a “thing of value,” and that corrupt pardons could be prosecuted as bribery. And it’s already generally accepted that the bribery statute applies to the president. These changes would simply make these things explicit, and there’s no harm in that even if it’s not strictly necessary.

No Self-Pardons: The final section of this portion of the Act provides that a president can’t pardon himself and that such a pardon will have no legal effect. This section is of dubious constitutionality. Whether a president could self-pardon has never been settled, but it is almost certainly a constitutional question for the Supreme Court if we ever get to that point. It’s likely not something that Congress can control by statute.

The “No President Is Above the Law” Act

The next portion of the Protecting Our Democracy Act is about statutes of limitations. It provides that the limitations period for federal crimes will be tolled – stop running – during the time a president and vice-president are in office. This would apply to crimes committed before they took office, as well as to crimes committed while in office. The limitations time would start to run again once they left office.

The need for this act stems from the current Department of Justice opinion that a sitting president may not be indicted while in office. This is just an internal opinion, and has never been tested by a court. But it is current DOJ policy and special counsel Robert Mueller, for example, felt himself bound by it. Once a president leaves office, it’s clear he or she is then subject to prosecution.

Most federal crimes have a statute of limitations of five years. If a president committed crimes in order to win the election and then was in office for two terms, he or she could effectively “run out the clock” on those crimes. The same would be true for crimes committed while in office, if they were more than five years old when the president left office. If the president is not impeached and removed from office before the limitations period expires, and if the president can’t be indicted while in office, then he/she effectively would be immune from prosecution. This previously unlikely hypothetical has taken on real significance with the prospect of president Trump possibly winning a second term.

This Act will ensure that while the president and vice-president are in office, the statute of limitations clock stops running. This is a much-needed reform and is well within Congress’s power. As the name suggests, it will ensure that the president is not above the law and cannot avoid criminal responsibility merely by virtue of being in office.

Picture of the U.S. Constitution

Foreign and Domestic Emoluments Enforcement

The formerly obscure emoluments clauses of the Constitution have been front and center since before Trump was even sworn in. The foreign emoluments clause prevents federal officers from receiving presents or other things of value from foreign nations unless Congress provides its consent. The  domestic emoluments clause prohibits the president from receiving payments or gifts from the federal government or a state government. These anti-corruption provisions are designed to prevent conflicts of interest and divided loyalties in federal officials.

President Trump’s international business empire has raised grave concerns about potential violations of these clauses. For example, foreign governments may have granted favored tax or zoning treatments to properties owned by the Trump Organization in order to curry favor with the president.  Foreign delegations visiting Washington D.C. stay at the Trump Hotel, effectively putting money in the president’s pockets. Several lawsuits have been filed alleging emoluments clause violations, but they have sputtered through the courts for nearly four years and have raised difficult issues concerning proof of injury and who actually has standing to sue.

The Protecting Our Democracy Act seeks to put some enforcement teeth behind the constitutional provisions. The legislation basically repeats the constitutional prohibitions but goes on to provide that Congress may bring a civil action to enforce those prohibitions and that those lawsuits will be heard on an expedited basis. In other words, this Act gets around the constitutional standing issues related to enforcing the emoluments clauses by essentially repeating those prohibitions in a statute and providing that Congress has standing to enforce it. It also makes clear that the statutory prohibitions apply to the president and vice-president, in response to some academic debate over whether the constitutional language applies to those officers.

This too should be well within Congress’s power and seems like a useful reform. The Act also beefs up requirements under the Ethics in Government Act for public officials to disclose the receipt of any emoluments, and provides that the Office of Government Ethics and Office of Special Counsel may investigation any violations.

Enforcement of Congressional Subpoenas

A significant problem highlighted during the Trump administration has been the inability of Congress to enforce compliance with its subpoenas. Trump has routinely stonewalled Congress, refused to produce documents, and instructed members of his administration not to testify. During the impeachment investigation, for example, many key witnesses simply refused to show up, and the White House refused to supply subpoenaed documents. Congress can file a lawsuit to force compliance, but the court process can take many months. For example, the lawsuit seeking to compel former White House counsel Don McGahn to testify before the House about incidents detailed in the Mueller report is still working its way through the courts after a year and a half. It appears the administration will successfully run out the clock without McGahn ever testifying.

The bill seeks to remedy this problem. It first makes it clear that Congress has a right of action to sue to enforce its subpoenas, to clear up any lingering questions about standing that have plagued some of the subpoena lawsuits. It requires that such lawsuits be expedited as much as possible, and requires the judiciary to establish rules to ensure that happens. It provides financial penalties for failure to comply with a subpoena, and that those fines may not be paid by government agencies with taxpayer dollars.   

The Act also contains other rules to ensure compliance with subpoenas. One interesting section provides that a failure to comply with a Congressional subpoena may be referred to the D.C. Attorney General for prosecution for contempt, in which case the crime would be a misdemeanor. The current Contempt of Congress statute requires Congress to refer such a case to the D.C. U.S. Attorney. But that prosecutor works for the administration, and if the lawsuit is seeking to compel compliance by the administration that sets up a potential conflict of interest. Now in such a case Congress may seek enforcement by the local Attorney General instead.

The Act also makes clear that this legislation does not override or constrain any other authority that Congress already has to enforce its subpoenas. This would include the inherent contempt power: Congress’s ability to send out its Sergeant at Arms to arrest and detain those who fail to comply. Congress has been reluctant to invoke this power and has not used it for decades, but it is always lurking in the background.

William Barr
Attorney General William Barr

Security from Political Interference in Investigations

Since Watergate, there has been a strong norm that limits the communication and coordination between the White House and the Justice Department concerning ongoing investigations. This shields the administration of justice from even the appearance of political influence.  Trump and Attorney General Barr have demonstrated that this norm can easily be shredded by an administration indifferent to the damage it causes to the DOJ.  This DOJ has intervened in cases involving Trump allies such as Roger Stone and Michael Flynn, and has launched investigations, such as the probe into the origins of the Russia investigation, that appear to be designed to benefit the president politically. The politicization of the Justice Department may end up being the area where damage caused by this administration takes the greatest time to heal.

The Act seeks to at least shed some light on any such activities by requiring the Attorney General to keep a log of certain contacts between DOJ and the White House concerning ongoing investigations, and to provide that log to the DOJ Inspector General on a semi-annual basis.  The IG, in turn, can provide notice of any suspicious communications to Congress.

This provision too is limited in that it depends on voluntary compliance by the administration. A corrupt administration bent on politicizing the DOJ could simply refuse to enter relevant communications in the log. And we could probably expect claims of Executive Privilege as to at least some such communications. But this provision would at least give some legislative recognition to the vital importance of what, up until now, has simply been an executive branch policy.

Protecting Inspector General Independence

The independent Inspectors General who oversee the various federal agencies perform a critical role in rooting out corruption and ensuring compliance with federal law. President Trump has removed a number of Inspectors General, apparently in retaliation for investigations that may have led to exposing wrongdoing within his administration — in other words, for doing their jobs. The Act provides that an IG may be removed only for specific, limited causes, requires the administration to provide documentation to Congress explaining the reason for any removal, and clarifies the independence and powers of the IGs within the intelligence community.  

Red square in Moscow
Red Square in Moscow

Defending Elections Against Foreign Interference

This section is inspired, of course, by Russia’s interference in the 2016 election and efforts to assist the Trump campaign, which was well-documented by the Mueller report and by an even lengthier report by the bi-partisan Senate Intelligence Committee. After the election, we learned that although most campaign officials would understand it was improper to accept foreign assistance and that any offers of such assistance should be reported to the FBI, there was no law in place that required such reporting. Federal election law was also potentially ambiguous concerning whether accepting something like opposition research from a foreign government would violate the law.

The Act seeks to remedy those deficiencies by requiring campaigns and other political entities to report any efforts at foreign interference or contact by foreign agents to the Federal Election Commission and the FBI, and requiring the FBI to report such information to Congress. It provides criminal penalties for those who violate these requirements. The Act also clarifies that the Federal Elections Campaign Act prohibits accepting help such as opposition research, polling, and other non-public information from foreign actors, and provides criminal penalties for violating that prohibition.

Other Sections

Other portions of the bill include: 1) strengthened protections for whistleblowers; 2) increased restrictions on the Executive Branch’s ability to re-direct or refuse to spend money appropriated by Congress;  3) strengthened enforcement and penalties for the Hatch Act, which generally prohibits federal employees from engaging in improper partisan political activities (and which has been repeatedly ignored and violated by members of the Trump administration); 4) limits on the president’s ability to appoint acting heads of agencies, rather than permanent heads subject to Senate confirmation; and 5) strengthening Congressional oversight of presidential emergency declarations.

Conclusion

In the post-Trump era, there will be a compelling need for reform legislation to prevent some of the abuses we’ve seen over the past few years. This proposed legislation from the House is a great start. Let’s hope it is able to be re-introduced and passed by a new Congress after the first of the year.

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