Biden’s Extensive Pardon for Son Reshapes Presidential Clemency Practices

President Joe Biden had consistently stated he would not pardon his son, Hunter, for his convictions related to gun charges and tax evasion, nor would he commute what was anticipated to be a significant prison term. However, on the Sunday evening following Thanksgiving, a time when the American public’s focus was largely diverted, he declared a change in his stance. In a press statement revealing his decision, President Biden wrote, “There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution.” He continued, stating, “In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough.” This action by President Biden has already drawn strong accusations of hypocrisy from Republicans, who cite his broken promise and his use of presidential authority to safeguard his son. Jared Polis, the Democratic governor of Colorado, promptly issued a statement expressing his “disappointment” and suggesting that the decision would “tarnish” the outgoing president’s standing. While previous presidents have granted pardons to family members, such as Bill Clinton’s clemency in 2001 for his brother Roger’s 1985 drug conviction, Hunter Biden’s “full and unconditional” pardon stands out for its extensive scope. It encompasses his existing criminal convictions and extends to any potential future charges for “offenses against the United States” originating from the beginning of 2014 up to this Sunday. This specified timeframe includes the two years when Hunter Biden was a board member of the Ukrainian energy company Burisma and engaged in other international transactions during his father’s tenure as vice-president. Republicans have asserted that Hunter Biden improperly gained advantages from his father’s influential position and that the elder Biden was linked to his son’s business activities. The president’s justification for the pardon may resonate with those familiar with Donald Trump’s recent criticisms of the American justice system. Upon leaving the White House in 2021, Trump granted numerous pardons to close associates and allies who had been implicated in the various criminal investigations surrounding him during his presidency. This action involved circumventing established White House protocols for utilizing the extensive presidential pardon authority. Despite receiving criticism at the time, the political repercussions were minimal. Indeed, last week, Trump declared his intention to nominate Charles Kushner, the father of his son-in-law Jared Kushner and a recipient of a 2021 pardon, as the US ambassador to France. Kushner had been found guilty of campaign finance violations, tax evasion, and witness tampering in 2005, serving two years in prison. Nevertheless, as President Biden’s political career approaches its conclusion, the potential cost for his action appears limited. Furthermore, considering that Democrats relinquished control of both Congress and the White House last month, few party members remain in influential positions to confront the repercussions. Had Vice-President Kamala Harris secured the presidency, her transition would likely have been disrupted, at least temporarily, as she would have faced pressure to denounce Biden’s decision. This scenario might have made such a broad action by Biden less probable. Instead, national focus is expected to swiftly return to the impending Trump presidency. The regulations governing presidential pardons—or at minimum, the procedures and established safeguards that previously guided their application—seem to have undergone a fundamental and lasting change. Consequently, there may now be little basis for objection, regardless of political affiliation. Jeffrey Crouch, a legal expert from American University, informed CBS, the BBC’s US partner, that “With this decision, Biden has now made it easier for Trump to abuse the clemency power again.” He added, “If presidents from both political parties feel free to abuse clemency without consequence, the pardon power becomes less a tool of grace and more of a political instrument.” The Trump campaign promptly reacted to the announcement of the Biden pardon, stating that the president-elect intends to reform the US justice system and reinstate due process during his second term. This point is noteworthy as Trump prepares to return to office, given expectations that he will once more employ his pardoning authority to assist associates prosecuted during the Biden presidency and to release numerous supporters convicted in connection with the 6 January, 2021, riot at the US Capitol. Trump referenced the 6 January cases while criticizing the Hunter Biden pardon, and he is anticipated to invoke the president’s action when he issues his own series of pardons next year. Both political factions are expected to persist in accusing each other of politically motivated prosecutions and of governing as if exempt from the law. The American public, already shown by polls to be skeptical of governmental ethics, may now be further persuaded that responsibility lies with both sides. Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the content found on external websites. Information regarding our policy on external linking is available.