Rep. Adam Schiff, the top Democrat on the House Intelligence Committee, introduced legislation Wednesday aimed at dissuading President Trump from pardoning people involved in the investigation into Russian meddling in the 2016 election.
The bill, called the Abuse of Pardon Prevention Act, comes on the heels of Trump’s pardon for Scooter Libby, the former chief of staff to former Vice President Dick Cheney who was convicted of lying to the FBI and obstruction of justice.
Schiff’s legislation discourages the president from pardoning a person in connection to an investigation in which the president or a family member is a target, subject, or witness. If the president does attempt to pardon that person, the bill requires the attorney general to turn over to the House and Senate Judiciary Committees — or the House and Senate Intelligence Committees if a probe relates to intelligence — investigatory files related to the probe.
“President Trump already has signaled that he is willing to use his constitutional powers in order to protect those who remain loyal to him, even if they are convicted of obstruction or perjury,” Schiff, D-Calif., said in a statement. “By pardoning Scooter Libby last week, Trump has sent a clear and unmistakable message to potential witnesses against him or members of his family that: ‘if you have my back, I’ll have yours.’”
“At a time of constitutional peril, it is incumbent on the Congress to stand up for the rule of law by creating a strong disincentive to the president issuing pardons to protect himself and obstruct ongoing investigations,” he said.
According to reports, Trump’s lawyer, John Dowd, discussed the prospect of a presidential pardon with lawyers representing former national security adviser Michael Flynn and former Trump campaign chairman Paul Manafort, who have both been charged as part of special counsel Robert Mueller’s Russia probe.
Flynn pleaded guilty to one count of lying to the FBI about his contacts with the former Russian ambassador to the U.S. He said he is cooperating with Mueller’s investigators.
Manafort was indicted by a federal grand jury in October on numerous charges, including money laundering. A federal grand jury approved new charges against Manafort in February that involve allegations of federal tax and bank fraud.
He has pleaded not guilty to all charges.
Schiff’s legislation is unlikely to move in the House, where Republicans have a majority.
In addition to Libby, Trump has pardoned two others: former Maricopa County Sheriff Joe Arpaio and Kristian Saucier, a former Navy sailor who was sentenced to a year in prison for taking photos inside a nuclear submarine.
