Several House Democrats are renewing calls to put more guardrails on the executive branch’s clemency powers after President Biden’s sweeping pardon for his son, Hunter.
Rep. Steve Cohen, D‑Tenn., who has introduced a constitutional amendment limiting presidential pardon powers in several congressional terms, defended Biden’s decision but said he hoped those who were critical of the decision would co-sponsor his measure.
“The pardon power is supposed to be a safety valve against injustice, and I understand why President Biden thought it appropriate in this instance,” Cohen said earlier this week.
“But to all those who find this pardon distasteful, I encourage you to cosponsor and support the constitutional amendment I have introduced in the last several Congresses to reform the pardon power. The measure would eliminate pardons for the President’s self, the President’s family, Administration officials and campaign staff, and those who commit crimes on behalf of, for the benefit of, or at the direction of the President – all instances with inescapable perceptions of conflicts of interest.”
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It comes as a wave of Democrats have expressed unease with the pardon, arguing its broad nature sets a precedent for future abuse.
A spokesperson for Rep. Don Beyer, D‑Va., who previously backed Cohen’s amendment, said the lawmaker’s position has not changed.
“If Republicans reconsider their willingness to overlook rampant abuses of pardon powers by the President-elect, and drop their opposition to pardon reform, that would be a good thing – especially given his promises to pardon violent criminals who brutally assaulted police officers on January 6th,” the spokesperson said.
Several Democrats who spoke with Fox News Digital signaled openness to some limitations on pardons.
Rep. Glenn Ivey, D‑Md., did not reject supporting the amendment but doubted there would be enough political momentum for such a change. He also urged Biden to extend his clemency powers to people jailed on minor charges.
“It’s something that we could look at. But I’d be more interested in sort of focusing on uses of the pardon power. Thousands of people that should be pardoned or have their sentences commuted are in jail for minor offenses,” Ivey said. “I’d love to see them focus on that.”
Rep. Joaquin Castro, D‑Texas, said, “I think we need to look at presidential pardons. The Congress needs to look at presidential pardons, generally. And it’s a large conversation regarding different issues – for example, when a president can pardon somebody whose crimes may have been related to the president.”
“Cohen’s bill is worth talking through. I think he mentioned that there weren’t any Republican co-sponsors, so hopefully he gets them now,” said Rep. Greg Landsman, D‑Ohio.
Republicans, however, were skeptical.
“What we have now has been in place for hundreds of years. And you know, we’re not always going to agree with things that one party does or another party does, but I think it’s something that needs to stand,” Rep. Mike Ezell, R‑Miss., told Fox News Digital.
Rep. Ralph Norman, R‑S.C., said limiting pardon powers would be “a slippery slope” but accused Biden of “abusing” the responsibility.
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House GOP Policy Chairman Gary Palmer, R‑Ala., meanwhile, did not comment on limiting pardon powers but said they must not go away altogether.
“The fact that Joe Biden is basically protecting a crime family and has overstepped his authority, and basically exposed himself to be a liar, would not be justification for eliminating it across the board,” he said.
Hunter Biden’s pardon covers any and all possible crimes between 2014 and December 2024. It came as he was facing possible jail sentences over separate firearms and tax charges.
The 82-year-old president accused Republicans of weaponizing the justice system against his son, who he said was “selectively, and unfairly, prosecuted.”
Meanwhile, House Speaker Mike Johnson, R‑La., promised “reform” during his weekly press conference on Wednesday but did not go into further detail.
“This pardon is a perversion of justice, and it is an utter disregard for the rule of law. And it undermines, further undermines the people’s faith in our system of justice,” Johnson said. “So we have reform on the way, and it cannot happen soon enough.”