Rep. Adam Schiff (D-CA), ranking member of the House Intelligence Committee, has introduced legislation that would serve to stop President Trump from abusing his power to pardon. It is called the Abuse of the Pardon Prevention Act.
From the press release:
The legislation would require that if the President pardons someone in connection with an investigation in which the President or one of his family members is a target, subject, or witness, the evidence against recipient of the pardon would be provided by the Department of Justice to Congress.
“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,” said Rep. Schiff. “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.”
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Article II, Section 2 of the U.S. Constitution provides that presidents "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” This legislation, if signed into law, would create a powerful disincentive for any president who seeks to use the pardon power as an instrument of obstruction in an ongoing investigation. It would grant Congress the power to conduct rigorous oversight, in a way that does not unduly burden the president’s inherent constitutional powers.
Also Wednesday, New York Attorney General Eric Schneiderman sent a letter to Governor Andrew Cuomo and the New York State Legislature asking for a change in the law that would allow state prosecutors "to bring criminal charges against aides to President Trump who have been pardoned."
NYT:
Right now, New York state law prevents people from being prosecuted more than once for crimes related to the same act, even if the original prosecution was in federal court. There are already a number of exceptions to the law, and the letter says that Mr. Schneiderman is proposing to add a new one that could be used if federal pardons are issued.
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While Mr. Schneiderman’s jurisdiction does not encompass many of the areas being investigated by Mr. Mueller, a president has no authority to commute sentences or pardon offenses at the state level. That leaves convictions obtained by the state attorney general’s office or any other local prosecutor outside the president’s ability to intervene.
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If the proposed law is passed, anyone indicted on state charges after being convicted in federal court and then pardoned would likely challenge the state law in court. But Mr. Schneiderman wrote in the letter that he and his advisers were confident the legislation would withstand any constitutional scrutiny.
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“We are disturbed by reports that the president is considering pardons of individuals who may have committed serious federal financial, tax, and other crimes — acts that may also violate New York law,” Mr. Schneiderman said in a statement provided by his office.
“We must ensure that if the president, or any president, issues such pardons, we can use the full force of New York’s laws to bring such individuals to justice.”
The Atlantic's Natasha Bertrand shares Governor Cuomo's response via twitter.
In response to Schneiderman's letter, Cuomo spox emails: "Governor Cuomo believes that the federal legal system should not provide a basis for any wrong doers to escape justice...we are reviewing the proposal and look forward to working with the Attorney General on the issue."
Rep. Schiff Introduces Legislation to Prevent Abuse of Presidential Pardons (press release)
New York Attorney General Seeks Power to Bypass Presidential Pardons (NYT)
New York Attorney General’s Letter on Presidential Pardons (NYT)