July 23, 2020
The Honorable Jerrold Nadler
Chairman, Committee on the Judiciary
United States House of Representatives
Washington, D.C. 20515
The Honorable Jim Jordan
Ranking Member, Committee on the Judiciary
United States House of Representatives
Washington, D.C. 20515
Dear Chairman Nadler and Ranking Member Jordan,
We write to express our strong support for two bills under consideration by this committee: the ​Abuse of
the Pardon Prevention Act​ (H.R.7694) and the ​No President is Above the Law Act​ (H.R.2678). Taken
together, these Acts would help deter serious abuses that threaten the rule of law and meaningfully
reaffirm that no one—not even the president—is above the law.
The president’s pardon power is expansive, but it is not absolute. When a president violates the
Constitution by issuing a pardon to obstruct justice or insulate themselves or their family from criminal
exposure, ​Congress should at minimum assert its prerogative to access relevant information to
conduct rigorous oversight of the abuse of power​.​ ​The Abuse of the Pardon Prevention Act would
require that if​ pres​idents issue pardons to shield themselves or their family from federal investigation,
then the Department of Justice and White House must provide Congress with materials related to the
pardon and the underlying offense, ​thus denying the president the ability to avoid scrutiny for criminal
behavior and exposing corrupt and potentially criminal interference in law enforcement. Additionally, the
bill clarifies that abuse of the pardon power can be the basis of a criminal bribery scheme.
We also support efforts to close a legal loophole that could place presidents above the law by preventing
accountability for criminal conduct. It is the policy of the Department of Justice (DOJ) to not charge a
sitting president with crimes. Because the statutes of limitations for any potential charges continue to run
during the president’s term of office, that DOJ policy means a president may evade criminal
accountability simply by running out the clock. The No President is Above the Law Act would pause the
statute of limitations for any federal offence committed by a sitting president, whether the offense was
committed before or during the president’s term in office. If the president enjoys ​temporary​ immunity
from criminal charges while in office, so too should statutes of limitations be ​temporarily​ paused. The
legislation sends a clear message: ​while the Presidency may afford certain protections, those who
temporarily inhabit it are not above law​.
We support these measures for two principal reasons. ​First, the bills together address among the most
serious threats to the integrity of our government: misuse of the office of the Presidency to shield an
individual from accountability ​in perpetuity​. Wielding the awesome power to pardon, or using a legal

 loophole in DOJ policy, for​ p​ ermanent personal protection for criminal or corrupt behavior is antithetical
to a government of laws, not of men. Second, both functionally serve important deterrence purposes. The
expectation that criminal or corrupt actions may be subject to scrutiny, either by a future grand jury or by
the Congress itself, can go far in preventing such behavior to begin with.
Finally, ​both bills enjoy strong constitutional footing​. The Abuse of the Pardon Prevention Act in no
way burdens the president’s constitutional powers; the transparency requirements would only be triggered
to allow for oversight in instances when presidents potentially violate the Constitution by issuing a pardon
to obstruct Congressional investigations or criminal investigations into their own conduct. Likewise, the
No President is Above the Law Act simultaneously respects the constitutional responsibilities of the
president while reaffirming the rule of law. DOJ policy against indictment of a sitting president is
intended to ensure that the president can focus on the essential functions of the office in service of the
public interest without being burdened by a federal criminal investigation. It is a protection afforded ​the
office ​of the presidency for the benefit of ​the People​, not a lifetime safe-haven for the individual
officeholder’s criminal behavior.
We urge this committee to advance both bills, particularly at a moment when public trust in those
responsible for upholding the rule of law is declining.1 Absent strong congressional leadership, we should
expect this lack of faith in our institutions to be self-correcting. While additional reforms are necessary,
including those relevant to the issues under consideration here, both bills provide important groundwork
for the long-term project of protecting the rule of law and our democratic institutions.
Sincerely,
Citizens for Responsibility and Ethics in Washington
Coalition to Preserve, Protect & Defend
Common Cause
Democracy 21
Equal Justice Society
Indivisible
Mainers for Accountable Leadership
Project On Government Oversight
Protect Democracy
Public Citizen
Republicans for the Rule of Law
Stand Up America

1

​https://www.pewresearch.org/politics/2019/10/01/public-expresses-favorable-views-of-a-number-of-federal-agencies/