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Index/Topics/Criminal Prohibitions

Criminal Prohibitions

Reform bills do not stop at transparency. The Protecting Our Democracy Act and related proposals expressly add criminal prohibitions tied to pardons — for example, bribery “in connection with pardons and commutations” and bans on self-pardons or pardons with corrupt purposes — on the theory that Congress can punish conduct that is not constitutionally authorized even when the President acts.

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Jan 29, 2026

What legal avenues exist to retry or reinstate federal charges dismissed when a defendant becomes president?

When are dismissed because a defendant becomes President, the primary legal pathways to retry or reinstate them are refiling after the presidency, exercise of presidential during or after office, and ...