President Biden’s Past Stances on Pardoning His Son

Following Hunter Biden’s federal felony convictions for gun and tax offenses during the summer, the White House consistently maintained that President Joe Biden did not intend to pardon his son. However, on Sunday, the president granted a broad and contentious pardon, asserting that his son had been targeted by political adversaries. Republicans swiftly condemned this action, referencing President Biden’s prior commitments not to intervene for Hunter. This decision has also brought renewed attention to the function of presidential pardons and the autonomy of the US justice system. President-elect Donald Trump labeled the intervention an “abuse,” while James Comer, chair of the House Oversight Committee, alleged that President Biden was attempting to “avoid accountability.” Hunter Biden entered guilty pleas in two distinct trials over the summer: one concerning federal tax charges and another for misrepresenting his drug use on a form during a handgun purchase. Subsequent to his conviction, the White House promptly communicated that he should not anticipate a presidential pardon from his father. During a June interview with ABC, President Biden responded “Yes” when questioned about whether he had “ruled out a pardon” for his son. Furthermore, at a G7 summit in June, Biden informed reporters: “I said I’d abide by the jury decision, and I will do that. And I will not pardon him.” Even as recently as November 7, merely two days after Donald Trump secured his return to the White House, officials within the Biden administration continued to assert that the president had no plans to pardon his son. When questioned at a news conference about whether President Biden might be inclined to assist Hunter, White House Press Secretary Karine Jean-Pierre stated: “We’ve been asked that question multiple times, our answer stands, which is no.” In June, Biden also stressed that he was “satisfied” with his son having received a fair trial, a statement that contrasts with his remarks on Sunday, when he claimed Hunter had been the victim of “a miscarriage of justice.” Presidential pardons are not uncommon, and there are precedents of former presidents granting clemency to family members. For instance, in January 2001, shortly before departing office, Bill Clinton pardoned his half-brother for drug distribution convictions from 1985. Similarly, in December 2020, Donald Trump pardoned Charles Kushner, the father of his son-in-law Jared Kushner, for offenses including making false statements during an investigation, witness tampering, and tax evasion. Over the weekend, the president-elect designated Charles Kushner as his nominee for US ambassador to France, a decision that has reportedly caused some concern in Paris. However, Hunter Biden’s pardon stands apart from these prior instances in multiple respects, primarily because no president has previously pardoned his own son. The extensive duration of the pardon issued by President Biden has also drawn examination. Hunter Biden’s pardon encompasses any offenses committed by his son across an approximate 11-year span, from January 1, 2014, to December 1, 2024. Jeffrey Crouch, an assistant professor of politics at American University, informed the BBC that it “is highly unusual to have a presidential pardon that covers such a broad time span.” A further differentiating element is that Hunter Biden has not yet received his sentence and is scheduled for a court appearance later this month. The US Justice Department considers it “highly unusual” for a president to issue a pardon for a federal offense prior to sentencing. Jeffrey Crouch also conveyed to the BBC that a five-year waiting period is typically recommended by officials before a pardon is sought. Nevertheless, this type of action is not unprecedented. For instance, in 2017, Donald Trump pardoned former Arizona sheriff Joe Arpaio, who had been convicted of criminal contempt, before his sentencing. President Biden has previously been vocal in criticizing certain pardons granted by his predecessor during his initial term. In 2019, Biden condemned Trump for pardoning two US army officers—one already convicted and another awaiting trial—for war crimes committed in Afghanistan. Biden asserted that the then-president had betrayed “the rule of law, the values that make our country exceptional and the men and women who wear the uniform honourably.” Subsequently, in 2020, after Trump commuted the sentence of his informal adviser Roger Stone, Biden referred to his opponent as “the most corrupt president in modern American history.” On a broader scale, throughout his 2020 campaign, Biden accused Trump of weakening the office of the attorney general and politicizing the position. Biden stated: “The attorney general is not the president’s lawyer. It’s the people’s lawyer,” adding, “We never saw anything like the prostitution of that office like we see it today.”