Why the Pardon Power Is a Major Loophole

Maryland Congressman Johnny Olszewski — the author of the Pardon Integrity Act, a proposed constitutional amendment that would give Congress the power to reject presidential pardons with a two-thirds supermajority vote — joins the Chuck Toddcast for a frank conversation about fixing a broken democracy and what Democrats should prioritize if they retake the House. Olszewski argues that the presidential pardon is the biggest loophole between democracy and autocracy, a power straight out of a monarchy that the founders failed to adequately check, and notes that Congress actually tried to curb pardon authority after Nixon but the effort stalled. His amendment, which is structured like a veto override and has already attracted Republican co-sponsor Don Bacon, would allow 20 House members and five senators to initiate a review process with 60 days to nullify a pardon. Olszewski is careful to spread the blame across parties — calling Trump's 1,600 pardons in 2025 alone "exceptionally egregious" but acknowledges that Biden’s preemptive pardons were a bad thing — and says nobody in Congress actually thinks the proposal is a bad idea.

The conversation broadens into a sobering assessment of congressional dysfunction and the state of American democracy. Olszewski describes the current Congress as one of the least productive ever, with both parties proposing unpassable messaging bills rather than legislating, and warns that partisan redistricting combined with partisan primaries creates a vicious cycle where the Republicans most willing to compromise are the ones most likely to lose their primaries. On Democratic strategy, Olszewski argues that if impeachable offenses exist they should be pursued but the party must focus on voters' needs, that Hakeem Jeffries should center his speakership on affordability if Democrats retake the House, and that Congress needs to come together to ban bipartisan gerrymandering. He insists that repairing democracy transcends partisan politics — the country needs people to believe in the institution of Congress again, and that requires restraints not just on this president but on all future ones.

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Timeline:

(Timestamps may vary based on advertisements)

00:00 Rep. Johnny Olszewski joins the Chuck ToddCast

01:15 Pardon clause is biggest loophole between democracy & autocracy

03:00 Do you have more Republicans on board with the pardon amendment?

03:45 Pardon amendment is structured like a veto override

04:15 Trump’s pardons are exceptionally egregious

04:45 Biden’s preemptive pardons for family members were also terrible

06:30 Pardon power is a loophole right out of a monarchy

07:30 Congress wanted to curb pardon power after Nixon, but it stalled

09:15 We need people to believe in the institution of congress again

10:30 Should a pardon board be created similar to those at the state level?

12:30 What’s the strategy for getting the pardon amendment passed?

13:15 Nobody in congress thinks the proposal is a bad idea

15:30 We haven’t passed a meaningful amendment since JFK assassination

16:15 Repairing the democracy transcends partisan politics

17:30 What should Democrats prioritize if they retake the house majority?

18:15 If impeachable offenses exist, pursue them, but focus on voters’ needs

20:30 The current congress is one of the least productive ever

23:00 Both parties propose unpassable messaging bills

24:45 The minority is rarely treated well by the majority

27:00 Democrats can compromise on policy but not core values

28:00 Depending on the members, there may be space for compromise

28:30 R’s willing to compromise are most likely to lose their primary

29:15 Partisan redistricting + partisan elections leads to bad outcomes

32:30 Seriously concerned about certification of the 2028 election

33:30 Worried that Speaker Johnson will mess with the 2026 result?

36:00 Government has resources to make lives better if not for partisanship

38:30 Congress has passed almost no meaningful legislation

40:45 Congress needs to come together and ban bipartisan gerrymandering

43:00 No appetite in congress for uncapping size of house, talk of rank choice voting

44:15 If Hakeem Jeffries becomes speaker, he needs to focus on affordability

45:15 The numbers aren’t there to advance an impeachment inquiry

47:00 We need restraints on this president and future presidents

47:30 Thoughts on Wes Moore running for president?

48:30 What’s “electability” going to mean in 2028?

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