'Abused and Misused:' Republican Backs Democrats Bill to Limit Trump's Pardon Power

A Republican lawmaker has broken ranks to support a Democratic effort aimed at curbing the president's sweeping power to pardon, signalling a rare moment of bipartisan concern over presidential clemency.

A rare cross-party break, or growing crack with MAGA

Rep. Don Bacon, a moderate Republican from Nebraska, announced on Monday that he is backing a bill designed to tighten oversight of presidential pardons. This bill, the Pardon Integrity Act, was introduced by Democrat Johnny Olszewski last December. Bacon's support marks the first time a GOP member has openly endorsed legislation to limit the pardon power, which is enshrined in the US Constitution.

'Across multiple administrations, we've seen legitimate questions raised about how this authority has been used at the same time, the ability of Congress to provide oversight has weakened,' Bacon said in a statement.

'Frankly, it is clear to me the pardon authority has been abused.' His words echo a growing concern about how presidents have wielded this constitutional power, especially in recent years.

Bacon expressed his support for the bill's goal to create a 'commonsense guardrail.' The legislation aims to introduce a formal process for congressional oversight, allowing members to challenge controversial pardons. It would require the president to notify Congress within three days of issuing a pardon.

If at least 20 House members and five senators believe a pardon is questionable, they can trigger a review. Congress would then have 60 days to hold a vote. To overturn a pardon, both chambers would need a two-thirds majority.

Pardon powers and people who abused them

The proposal comes amid heightened scrutiny of President Donald Trump's extensive use of the pardon power. During his first 13 months in the second term, Trump pardoned over 1,600 individuals. His predecessor, Joe Biden, granted just 80 pardons during his entire presidency, making Trump's pardons notably more prolific.

Trump's pardons have stirred controversy. He notably pardoned more than 1,500 individuals involved in the January 6 Capitol riot, including those convicted of assaulting police officers. And many of the rioters have criminal records, including child molestation.

Critics argue these actions undermine accountability and send a troubling message about justice.

Not only that, Trump issued a controversial pardon for Juan Orlando Hernández, the former Honduran president sentenced to 45 years in prison for drug trafficking and corruption. This decision drew sharp criticism and raised questions about the influence of political loyalty over rule of law.

The financial toll of pardons also figures into the debate. Olszewski pointed out that 'more than $1.3 billion in cancelled fines and restitution' owed to victims and taxpayers had been wiped out through pardons.

'President Trump is allowing fraudsters, tax evaders, and drug traffickers to keep their illicit proceeds,' he said.

Meanwhile, Biden faced his own criticism for granting clemency to over 4,000 individuals, including controversial decisions like pardoning his son Hunter Biden in December 2024. Such actions continue to fuel debate over the limits and transparency of presidential mercy.

Bipartisan concerns and political realities

While Bacon's support signals a rare moment of bipartisanship, the chances of the legislation passing remain slim. Amending the US Constitution requires a two-thirds majority in both chambers and consent from 38 states. The political climate, especially with a Republican-controlled Congress, makes such changes unlikely.

Yet, the move underscores a broader concern.

'The pardon power is a critical constitutional authority, but it must be used responsibly,' Bacon said. 'This amendment would keep the power intact but add safeguards to ensure fairness and accountability.'

Bacon, a retired Air Force general and no longer running for re-election, has a history of challenging Trump-era policies. He was among a handful of Republicans who voted to terminate Trump's emergency declaration at the northern border, asserting Congress's authority over tariffs and executive actions.

Historical Presidential Pardons

Looking back, presidents have used the pardon power differently. The Pew Research Center's data shows Biden granted 4,245 acts of clemency, more than any other recent president. Roosevelt granted 3,796, Wilson 2,827, and Trump has already surpassed 1,600 in his second term alone.

In contrast, George H.W. Bush issued just 77 pardons during his presidency. The vast disparities highlight how the use of clemency can reflect a president's priorities or political circumstances.

Former presidents like Nixon and Johnson issued hundreds of pardons, often amid scandal or political upheaval. Today, the debate remains lively. focused not just on the power itself but on how it can be misused or exploited for political gain.