President Donald Trump on Feb. 19. Credit : SAUL LOEB / AFP via Getty

“Pardon Power Has Been Abused,” GOP Rep. Don Bacon Breaks Ranks — Backs Constitutional Amendment Targeting Trump

Thomas Smith
3 Min Read

Rep. Don Bacon (R-NE) on Monday joined as a co-sponsor of a Democrat-led proposal seeking to amend the U.S. Constitution to expand congressional oversight of presidential pardons, a move framed as a response to President Donald Trump’s controversial use of clemency powers.

The measure, introduced last December by Rep. Johnny Olszewski (D-MD), would allow at least 20 House members and five senators to request a formal congressional review of a presidential pardon. Under the proposal, Congress would have 60 days to nullify the pardon with a two-thirds majority vote, mirroring the process used to override a presidential veto.

Olszewski unveiled the legislation — titled the Pardon Integrity Act — during a floor speech highlighting what he described as troubling uses of the pardon power. He cited Trump’s blanket pardon for individuals involved in the January 6 Capitol riot, including those convicted of assaulting law enforcement officers.

“None of us should accept it as normal practice that a president uses the executive pardon power to absolve convicted drug kingpins, those found guilty of violently attacking law enforcement officers, or even individuals with financial crimes tied to powerful interests,” Olszewski said.

He pointed specifically to Trump’s decision to pardon approximately 1,500 people linked to the January 6 attack, along with additional commutations and pardons issued afterward. Olszewski also referenced the clemency granted to former Honduran president Juan Orlando Hernandez, who had been serving a lengthy prison sentence after convictions related to large-scale drug trafficking and bribery.

Announcing Bacon’s support, Olszewski said the amendment would introduce “a narrow, commonsense check” on executive authority. “Safeguarding democracy and upholding justice should never be a partisan issue,” he stated, arguing that Congress must act when the pardon power is perceived to be misused.

Bacon, a retired Air Force general who is not seeking reelection, defended his decision by emphasizing the principle of constitutional checks and balances.

“Presidential pardons are an important constitutional authority,” Bacon said in a statement. “But like all executive powers, they benefit from appropriate oversight. Across multiple administrations, legitimate questions have arisen about how this authority has been exercised.”

Bacon added that, in his view, the pardon power “has been abused,” calling the proposed amendment a “narrow, commonsense guardrail” that preserves executive authority while strengthening accountability.

His endorsement followed Trump’s recent pardons of several former NFL players convicted of crimes, including drug-related offenses.

Separately, Bacon has also backed bipartisan legislation aimed at restoring Congress’ primary authority over tariff policy, aligning with the Constitution’s original framework.

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