[When I first wrote this post I thought the law literally barred Trump from issuing these pardons. It doesn’t actually do that. It requires the DOJ to give Congress evidence against the pardoned individual and at least implicitly on how a particular pardon would affect or insulate the President and associates from legal jeopardy. That’s significantly different and not as clear cut. But I still think the law is likely unconstitutional because it forces the executive to take actions which at least complicate and in practice put obstacles in the way of this power. Post follows as I wrote it in the first instance.]
Adam Schiff wants to pass a law that would prevent the President from issuing pardons that protect him, his family or associates from legal jeopardy.
For better or worse, such a law is almost certainly unconstitutional. The constitution gives the President this power and makes it basically unfettered. Indeed, making it more fettered was specifically discussed at the constitutional convention and rejected. This doesn’t mean the President can’t be impeached for abusing this pardon power. I don’t even think it means he couldn’t, in theory, be charged with a crime such as obstruction in which he used his pardon power as part of the crime. But the power itself is expressly and unconditionally given to the President by the constitution. I don’t see any way that an ordinary law can restrict that.
