Support “Protecting Our Democracy Act”!
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In an effort to rein in executive powers, House Democrats will introduce legislation, Protecting Our Democracy Act, this fall to curb the power of the President of the United States (POTUS). The legislation is expected to be introduced on Tuesday, September 21, 2021, to limit the POTUS’ s pardon power, prohibit self-pardon, strengthen laws to ban presidents from receiving gifts or payments from foreign governments, to better protect independent agency watchdogs and whistleblowers from being fired or retribution, and giving Congress better tools to enforce subpoenas.
This bill is long-overdue! Much of the fear and frustration of the American people could had been avoided if this legislation was introduced long ago. January 6 Insurrection could had been prevented if this legislation was introduced long ago. It is a good piece of legistration regardless who was/is/will be the President of the United States.
To read the full bill, click HERE. To read the section-by-section, click HERE.
Quick Summary of this bill from Protecting Our Democracy Act web site, in italics, below:
The Protecting Our Democracy Act (PODA) tackles a dozen different topics, which are explained more fully in the accompanying tabs, including:
- Limiting the president’s pardon power.
- Extending the deadline for prosecuting former presidents and vice presidents for federal crimes committed before or during their time in office.
- Enforcing the constitutional ban on presidents using the office to enrich themselves.
- Boosting enforcement of congressional subpoenas.
- Reasserting Congress’s power of the purse.
- Mandating disclosure of contacts between the White House and Justice Department.
- Strengthening protections for inspectors general.
- Strengthening protections for federal whistleblowers.
- Ensuring the Senate’s say in confirming executive branch officials.
- Bolstering enforcement of the Hatch Act.
- Ensuring access to transition resources following a presidential election.
- Requiring transparency of tax records of presidential candidates.
- Preventing foreign interference in elections.
- Clarifying federal prohibitions on foreign assistance to campaigns.
If you want to help revitalize our democracy, please contact your Representatives and Senators to demonstrate your support for this bill. You may find your Representatives’ contact information by clicking HERE and your Senators’ contact information by clicking HERE.
House Democrats say they will vote on legislation this fall to curb the power of the president, an effort to reign in executive powers that they say former President Donald Trump flagrantly abused. (Sept. 21), in the video published on Sep. 21, 2021, “House Dems take aim at presidential abuse of power“, below:
Claiming that ‘Trump made this legislation a necessity,” Rep. Adam Schiff, alongside Speaker Pelosi and other leading Democrats introduce the Protecting Our Democracy Act aimed at preventing presidential abuses of power, in the video published on Sep. 21, 2021, “Pelosi, Schiff & top Dems introduce Protecting Our Democracy Act ‘because of Trump’“, below:
Below, in italics, is excerpt from Adam Schiff’s web site:
Today, House Democrats introduced the Protecting Our Democracy Act — a sweeping package of reforms that will strengthen America’s democratic institutions against future presidents, regardless of political party, who seek to abuse the power of their office for corrupt purposes.
The comprehensive proposals — many of which have been supported by both Democrats and Republicans in the past — will restore the government’s system of checks and balances, strengthen accountability and transparency, and protect America’s elections from foreign interference.
The Protecting Our Democracy Act was first introduced during the 116th Congress, and reflects Congress’ determination to restore the guardrails of our democratic systems. This year, the bill also stands as the third pillar of the 117th Congress’ efforts to protect, support, and restore the people’s faith in America’s democratic systems — complementing both H.R. 1, the For the People Act, and H.R. 4, the John Lewis Voting Rights Advancement Act.
The Protecting Our Democracy Act is sponsored by Chairpersons Adam Schiff (D-CA; House Intelligence), Peter DeFazio (D-Ore; Transportation and Infrastructure) Richard Neal (D-MA; Ways & Means Committee), Rosa DeLauro (D-Conn; House Appropriations), Jerrold Nadler (D-NY; Judiciary Committee), Carolyn Maloney (D-NY; House Oversight), Zoe Lofgren (D-CA; House Administration), Gregory Meeks (D-NY; House Foreign Affairs), and John Yarmuth (D-KY; Budget Committee). It includes legislation authored by Reps. Anna Eshoo (D-CA), Steve Cohen (D-TN), Jackie Speier (D-CA), Gerry Connolly (D-VA), Hakeem Jeffries (D-NY), Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD), Mary Gay Scanlon (D-PA), Madeline Dean (D-PA), and Katie Porter (D-CA). Additionally, the legislation is supported by Speaker Nancy Pelosi (D-CA).
“While Donald Trump is no longer president, the fault lines he exposed in the foundation of our democracy remain — ready for a future unethical president to exploit. These weaknesses continue to erode the American people’s trust in our democratic institutions and the norms that are essential to a functioning democracy,” said Schiff. “As Congress pursues its mission to strengthen and protect our democracy for future generations, these reforms will help ensure that we can keep our cherished republic.”
“In their great wisdom, our Founders enshrined in the Constitution a system of checks and balances to ensure the survival and strength of a democracy of, by and for the people,” said Pelosi. “As our nation looks ahead, it is our solemn obligation as Members of Congress to honor our Founders’ vision and take action to restore the rule of law for future generations to come. Led by Chairman Adam Schiff, House Democrats are advancing the Protecting Our Democracy Act: a robust, transformative package of democracy reforms that will restore democratic norms and institutions and put in place essential safeguards to prevent any president, regardless of party, from abusing the public trust or desecrating our democracy.”
“The Congress has a vital duty to serve as a check on the two other branches of our federal government, and this legislation ensures our efforts to carry out that responsibility will not be thwarted,” said Neal. “Taken together, the measures in this bill will help restore Americans’ faith in their government’s transparency, integrity, and accountability.”
“Transparency and accountability are the bedrock of our democratic system. They are the essential guardrails that protect against unchecked executive power, but recent experience has exposed holes in the fabric of our democracy that point to the desperate need for reform. Among other things, the Protecting Our Democracy Act would ensure that the presidency is not a get-out-of-jail-free card, prevent abuse of the pardon power, provide effective enforcement of congressional subpoenas, and strengthen the independence of the Department of Justice. These and the other critical reforms contained in this legislation would ensure that no president—of either party—is above the law,” said Nadler.
“It’s no secret that for four years former President Trump blatantly abused the power of the presidency to benefit himself and his political allies. The American people witnessed brazen efforts by the former president to intimidate and silence the voices of those who spoke truth to power. I’m proud to join my colleagues in introducing the Protecting Our Democracy Act, which would improve accountability and transparency in our government and strengthen protections for those who courageously report illegal or unethical behavior,” said Maloney.
“The landmark laws put into place after the Watergate scandal in large part worked well – until a sitting President showed little regard for the safeguards designed to protect our democracy and the rule of law. Now the Congress must enact new reforms in the Protecting Our Democracy Act to restore our system of checks and balances, protect our elections from foreign interference, and ensure that the foundation of our democracy enshrined in our Constitution will be sustained for generations to come,” said Lofgren.
“I’m proud to join my colleagues to introduce this vital legislation. No president has or will ever be above the law. The Protecting Our Democracy Act will ensure no American president can ever abuse their power again,” said Meeks.
“We have seen firsthand that our democracy is not self-effectuating – it takes work and a commitment to guard it against those who would undermine it, whether foreign or domestic. With the Protecting Our Democracy Act, we will strengthen the bedrock of our democracy by safeguarding our nation’s separation of powers and reasserting Congress’ constitutional power of the purse. I look forward to standing alongside my colleagues to enact these crucial reforms and protect the health of our democracy for generations to come,” said Yarmuth.
“The American people must be confident that the President works in the public interest, not for their own financial gain. That’s why I’m proud that the Protecting Our Democracy Act includes my legislation which requires all future candidates for the presidency and vice presidency to release their tax returns,” said Eshoo. “Tax returns contain vital information for the public, including what taxes they’ve paid; what charitable contributions they’ve made; what investments they hold, where they are held and whether tax loopholes have been employed. Only a full release of tax returns can provide the public with clear information about potential conflicts of interest or entanglements with foreign governments or businesses.”
“The framers of our Constitution understood that checks and balances are critical to protect our democracy from autocrats and corrupt leaders. The Protecting Our Democracy Act contains critical reforms to many of the issues my subcommittee has examined over the past several years. It limits a president’s pardon power, requires meaningful enforcement of the emoluments clauses and reins in executive abuses. It also prevents foreign interference in our elections and protects whistleblowers. This bill will strengthen our democracy and enacts the necessary safeguards to ensure it endures for generations to come,” said Cohen.
“Donald Trump took a sledgehammer to the foundations of our democracy and left our democratic institutions teetering on the edge,” said Connolly. “It is our duty, as a Congress and as a country, to clean up the rubble and repair the damage before he or someone of his ilk swings the hammer again. With the Protecting Our Democracy Act, that’s exactly what we’ll begin to do. I am proud to join my colleagues in introducing it today, and I thank each of them for their tireless work in defense of American democracy.”
“The Attorney General works for the people, not the president. Presidents Trump and Nixon did not understand this distinction and they both brought new levels of criminality and interference to the office. The Protecting Our Democracy Act includes my legislation to require the Attorney General to maintain a log of certain communications between the Department of Justice and the White House and require that information be provided to independent oversight authorities. I thank Chairman Schiff and all my colleagues in the House for their work to prevent abuses of power and strengthen accountability and transparency at the highest levels of our government,” said Jeffries.
“History has shown us that democracy is fragile. It can only be maintained by engaged citizens and elected officials who are willing to protect and preserve our sacred institutions,” said Swalwell. “That’s why I’m proud to help introduce the Protecting Our Democracy Act which will help ensure that no future president, no matter their party, can place our democracy at risk in service of their own selfish, illegal, and authoritarian ambitions.”
“The framers of our Constitution created a system of government with three co-equal branches, each designed to serve as a check on one another. In recent years, we’ve seen numerous attempts to undermine this balance, which is foundational to our democracy. I’m pleased to support the Protecting Our Democracy Act, which will restore our nation’s system of checks and balances, prevent presidential abuses of power, strengthen accountability and transparency, and protect elections from foreign interference. I’m also glad the package includes my legislation, the IG Protection Act, to strengthen the independence and integrity of the federal government’s inspectors general. I am grateful to Chairs Adam Schiff, Jerry Nadler, Carolyn Maloney, John Yarmuth, Zoe Lofgren, Gregory Meeks, and Richard Neal for their work on this legislation to prevent future presidents — regardless of political party — from abusing the power of their office for corrupt purposes,” said Lieu.
“It will take us years to repair the damage inflicted by the Trump administration, but the Protecting Our Democracy Act is a great start. I’m proud to cosponsor and want to salute my colleague Adam Schiff for his great leadership and coordination of this effort,” said Raskin.
“Four years of the most corrupt presidential administration in history taught us that, when it comes to preserving our democracy, we cannot continue to rely on the norms most politicians have followed for generations — meaningful legal guardrails are required,” said Scanlon. “As Congress did in the wake of Watergate, we must once again enact new reforms to restore the system of checks and balances between our branches of government. The Protecting Our Democracy Act will not only help prevent future abuses of executive power and strengthen accountability, it will also protect our elections. American democracy is fragile; we must take every step possible to ensure it not only survives, but is able to thrive.”
“The previous administration exposed concerning fault lines that we must rectify – the twice-impeached, failed President Trump abused the powers of his office to protect and enrich himself, family, and friends while targeting his political opponents and soliciting foreign interference to help his election,” said Dean. “The Protecting Our Democracy Act will prevent future Presidential abuses of power, protect our elections, and restore checks and balances – these protections are vital to the future of our Republic.”
“Our democracy cannot survive without accountability,” said Porter. “Everyone serving in a top government job should be vetted and held accountable to the people. It’s unacceptable that previous administration officials were able to skirt our constitutionally-mandated vetting process for months, and in some cases, years. I’m proud that my proposal to close the loopholes that let this happen is included in the Protecting Our Democracy Act.”
Specifically, the Protecting Our Democracy Act will:
Prevent Presidential Abuses
Prevent Abuse of the Pardon Power: Requires the Department of Justice to provide materials to Congress concerning any self-serving presidential pardon or commutation in cases involving the President or his/her relatives, contempt of Congress, or obstruction of Congress; clarifies that the President and Vice President are “public officials” and pardons are “official acts” and “things of value” for purposes of the federal bribery statute; and prohibits self-pardons by the President.
Ensure No President is Above the Law: Suspends the statute of limitations for any federal offense committed by a sitting president or vice president, whether it was committed before or during their terms in office, to ensure that presidents and vice presidents can be held accountable for criminal conduct just like every other American and not use their offices as a shield to avoid legal consequences.
Enforce the Foreign and Domestic Emoluments Clauses of the Constitution: Codifies the Constitution’s Foreign and Domestic Emoluments Clauses by prohibiting federal officials from accepting of foreign emoluments without Congress’s consent and prohibiting the President from accepting domestic emoluments; strengthens the process for civil actions brought by Congress for violations of the Foreign Emoluments Clause; enhances financial disclosure requirements related to emoluments; and provides enhanced enforcement mechanisms for Congress and for entities within the Executive Branch.
Restore Our System of Checks and Balances, Strengthen Accountability, and Transparency
Enforce Congressional Subpoenas: Strengthens Congress’ tools to enforce lawfully-issued subpoenas while preserving the accommodations process; codifies a cause of action for Congress to enforce its subpoenas, including those issued to government officials; expedites the judicial process for congressional subpoena enforcement actions; empowers courts to levy fines on government officials who willfully fail to comply with congressional subpoenas; and specifies the manner in which subpoena recipients must comply.
Reassert Congressional Power of the Purse: Strengthens Congress’ power of the purse by enhancing the Impoundment Control Act (ICA), including by adding penalties for failure to comply; increasing transparency and reporting requirements for the Executive Branch; and strengthens congressional budget oversight tools under the ICA and Antideficiency Act (ADA) to prevent federal agencies from misusing federal funds.
Strengthen Congressional Oversight of Presidential Emergency Declarations: Imposes a limit on Presidential declarations of emergencies and any powers triggered by such declarations unless extended by a vote of the Congress; requires the President to provide all Presidential Emergency Action Documents (PEADs) to Congress.
Provide Security from Political Interference in Justice: In order to limit political interference in criminal and civil enforcement matters, requires the Attorney General to maintain a log of certain communications between the Department of Justice (DOJ) and the White House; requires the Attorney General to provide the log to the DOJ Inspector General (DOJ IG) bi-annually; and requires the DOJ IG to report to Congress any inappropriate communications or communications evidencing improper political interference.
Protect Inspector General Independence: Permits the President or the head of an agency to only remove an Inspector General (IG), including IGs of the Intelligence Community (IC), for cause; clarifies that IGs of the IC have sole authority to determine matters of urgent concern, which include foreign interference in our elections; enhances congressional reporting requirements when an IG is removed; requires the President or an agency head to give 30 days’ notice before placing an IG on administrative leave; and requires the President to provide to Congress documentation of cause before removing an IG.
Protect Whistleblowers: Enhances protections for federal whistleblowers, including measures to protect the anonymity of whistleblowers; clarifies the right of government employees, including those in the IC, to provide information directly to Congress; creates a private right of action for whistleblowers who are publicly outed by government officials; and limits the conditions under which a government official or employee may disclose a whistleblower’s identity or other whistleblower information, including limitations on the sharing of IC whistleblower complaints with persons named as subjects in the complaint.
Provide Accountability for Acting Officials: Makes a series of changes with respect to the appointment, tenure, and qualifications of acting officials of executive agencies; limits the tenure of acting heads of agencies to no more than 120 days.
Strengthen Hatch Act Enforcement and Penalties: Strengthens the Office of Special Counsel’s (OSC) ability to investigate violations of the Hatch Act; clarifies that employees of the Executive Office of the President and the Office of the Vice President can be investigated and disciplined for Hatch Act violations; authorizes Merit Service Protection Board (MSPB) to issue fines for Hatch Act violations committed by senior political appointees; and increases the maximum fine for Hatch Act violations by senior political appointees to $50,000.
Promoting Efficient Presidential Transitions: Promotes orderly presidential transitions by requiring that if the Administrator of General Services does not ascertain a winner in a presidential election within 5 days of the election, each eligible presidential candidate and vice-presidential candidate shall be treated as the winner, until an ascertainment is made, or a winner is certified by Congress.
Presidential and Vice-Presidential Tax Transparency: Requires the president and Vice President, or major party candidates for those offices, to provide ten years of tax returns to the Federal Elections Commission (FEC), who is required to make them public. If a covered person does not provide their tax records, the Secretary of the Treasury is required to provide them to the FEC.
Protect Our Elections
Ensure Reporting of Foreign Interference in Elections: Requires that political committees report to the FBI and the Federal Elections Commission (FEC) certain foreign contacts; requires that each political candidate and immediate family member of a candidate notify a designated campaign committee official of certain foreign contacts; requires the FBI to report to the congressional intelligence committees any reporting received pursuant to these provisions.
Prevent Foreign Interference in Elections: Clarifies that the definition of a “thing of value” in the Federal Election Campaign Act prohibition on foreign donations to political campaigns and candidates includes information sought or obtained for political advantage; enhances criminal penalties for violations of such prohibition; requires that political campaigns certify that they understand the prohibition.
To read the full bill, click HERE. To read the section-by-section, click HERE.
After having read Protect Our Democracy bill, if you want to help revitalize our democracy, please contact your Representatives and Senators to demonstrate your support for this bill. You may find your Representatives’ contact information by clicking HERE and your Senators’ contact information by clicking HERE.
House Speaker Nancy Pelosi said the bill is intended to restore checks and balances between Congress (Legislative Branch) and the Executive Branch “so that no president of whichever party will ever be able to assume that he or she has the power to usurp the power of other branches of government.” Pelosi continued, “The legislation is specific in its remedies and its inoculations against future abuse.”
According to Brennan Center For Justice, Wendy Weiser, vice president of Democracy at the Brennan Center for Justice at NYU Law, had the following comment, in italics, below:
“The Protecting Our Democracy Act would rebuild guardrails against abuse of executive power, the checks and balances needed to stop current and future administrations from misusing government resources for personal and political gain. The reforms in this bill would help ensure a more ethical and accountable government, no matter who is in office.
“The Protecting Our Democracy Act would bolster the Constitution’s emoluments clauses, enabling stakeholders to investigate and hold the president and other government officials accountable for illegally profiting from state or foreign governments. It would tighten the protections against political interference by the White House in law enforcement matters and increase transparency around controversial pardons. It would protect the independence of inspectors general who report on executive abuses. And it would guard against presidential abuse of emergency powers by giving Congress more power to check the president.
“These reforms have been needed for years, with administrations of both parties sometimes stepping over the line without being held accountable. But the Trump administration exploited the gaps in the law to turn the executive branch’s ethics and rule of law problems into a full-blown crisis.
“The bipartisan National Task Force on Rule of Law & Democracy, convened by the Brennan Center, studied the erosion of norms and practices that have traditionally guarded against abuse of power in the executive branch, and its members concluded that legislation is necessary, recommending many of the reforms in the Protecting Our Democracy Act.
“For the health of our government, lawmakers should pass the Protecting Our Democracy Act.”
Democrats say they negotiated the bill with the White House, which thought some aspects of the original legislation went too far. House Intelligence Committee Chairman Adam Schiff, the lead Democrat on the measure, said Tuesday, September 21, 2021, that while they haven’t agreed with the administration on every provision, they made specific tweaks to accommodate them. “We have accommodated their feedback, but we’re not in complete accord, and will continue to work with the White House” Schiff added. Those changes would allow the White House to continue to protect some information from subpoenas and shield Congress from seeing some confidential communications between administration officials.
Schiff said that loyalty to Trump is what makes the bill necessary. “What was also very revealing in the last four years is that so many of our current checks and balances depends on members of Congress of both parties having a deep abiding conviction of support for their own institution – that each would jealously guard their own institution…And that broke down. When members were more devoted to the person of the president than they were to the institution, that’s made me think many of these reforms necessary.”
White House spokesman Chris Meagher said in a statement that administration officials “strongly support efforts to restore guardrails and breathe life back into those longstanding norms” and that they are working with Congress to do that.
To read more details about this bill, The Protecting Our Democracy Act, please click HERE.
House Democrats say they will vote on legislation this fall to curb the power of the president, an effort to reign in executive powers that they say former President Donald Trump flagrantly abused. (Sept. 21), in the video published on Sep. 21, 2021, “House Dems take aim at presidential abuse of power“, below:
U.S. House of Representatives Democrats introduced legislation on Tuesday seeking to pull back powers from the presidency, part of an ongoing effort to rein in the White House in a rebuke to the administration of former Republican President Donald Trump, in the video published on Sep. 21, 2021, “Post Trump, U.S. Democrats offer bill to rein in presidential powers“, below:
House Speaker Nancy Pelosi spoke about the legislation introduced by House Democrats focused on limiting abuses of presidential power. Speaking alongside members of the the House Intelligence Committee, Pelosi said no president “has the power to usurp the power of the other branches of government.” in the video published on Sep. 21, 2021, “Pelosi: Legislation To Limit Presidential Powers Will Protect ‘Against Future Abuse’“, below:
Presidential historian Jon Meacham reacts to the political crises facing the United States and the attacks on voting rights and beyond by Republicans both in Washington and in state legislatures, in the video published on Sep. 22, 2021, “Jon Meacham: ‘Democracy Is Hanging By A Thread’ In America“, below:
To read the full bill, click HERE. To read the section-by-section, click HERE.
Quick Summary of this bill from Protecting Our Democracy Act web site, in italics, below:
The Protecting Our Democracy Act (PODA) tackles a dozen different topics, which are explained more fully in the accompanying tabs, including:
- Limiting the president’s pardon power.
- Extending the deadline for prosecuting former presidents and vice presidents for federal crimes committed before or during their time in office.
- Enforcing the constitutional ban on presidents using the office to enrich themselves.
- Boosting enforcement of congressional subpoenas.
- Reasserting Congress’s power of the purse.
- Mandating disclosure of contacts between the White House and Justice Department.
- Strengthening protections for inspectors general.
- Strengthening protections for federal whistleblowers.
- Ensuring the Senate’s say in confirming executive branch officials.
- Bolstering enforcement of the Hatch Act.
- Ensuring access to transition resources following a presidential election.
- Requiring transparency of tax records of presidential candidates.
- Preventing foreign interference in elections.
- Clarifying federal prohibitions on foreign assistance to campaigns.
If you want to help revitalize our democracy, please contact your Representatives and Senators to demonstrate your support for this bill. You may find your Representatives’ contact information by clicking HERE and your Senators’ contact information by clicking HERE.
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