Presidential Pardon for Hunter Biden: Context and Historical Precedent

President Joe Biden of the United States has granted a presidential pardon to his son, Hunter, who was awaiting sentencing in connection with two criminal proceedings. This action has generated controversy, given that the current president had previously stated he would not take such a step. However, he asserted that the legal actions against his son were politically motivated. The exercise of his pardoning authority aligns with a historical practice among US presidents, across both major political parties, of extending clemency to individuals within their close circle. Hunter Biden was scheduled for sentencing later this month concerning two federal legal matters. In June, he became the initial offspring of a sitting US president to receive a criminal conviction, stemming from a case involving his possession of a firearm. A jury in Delaware determined his guilt on three counts for misrepresenting his drug use on a document during the purchase of a handgun. Additionally, he was awaiting sentencing following his guilty plea in September in a federal tax matter, which focused on the adequacy of his tax payments between 2016 and 2019. The nine accusations encompassed failure to file and remit taxes, tax evasion, and submitting a false return. He confronted potential sentences of up to 25 years in prison for the gun-related offense and 17 years for the tax case; however, experts informed The New York Times that he was anticipated to receive considerably reduced penalties and serve the two sentences simultaneously. The Constitution of the United States stipulates that a president possesses the extensive “power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.” In the present instance, the president’s “full and unconditional pardon” is notably comprehensive. This pardon encompasses any potential federal offenses Hunter Biden might have committed over a span exceeding 10 years, specifically from January 2014 through December 2024. This timeframe extends beyond Hunter Biden’s tax and gun-related transgressions, reaching back to the year he became a board member of Burisma, a Ukrainian energy firm, at a time when his father, then the US vice-president, held a significant position in American policy concerning Kyiv. The specific language of the pardon further clarifies its applicability to any offense Hunter Biden “has committed or may have committed.” A pardon signifies legal absolution, terminates any subsequent penalties, and reinstates rights like the ability to vote or seek public office. While the authority to pardon is regarded as extensive, it is not without boundaries. For instance, a president’s pardoning power is restricted to federal (national-level) offenses. This point is pertinent due to uncertainty surrounding the sentencing of Trump in his hush-money trial in New York. He will lack the capacity to pardon himself in that state-level proceeding upon his potential return to the White House in January. A long-established tradition exists of US presidents, from both political spectrums, granting pardons, including to individuals with whom they have close ties. This particular act marks the 26th pardon issued by Biden, a member of the Democratic party. During 2020, Trump, a Republican, granted a pardon to Charles Kushner, who is the father-in-law of his daughter, Ivanka. Kushner had received a two-year prison sentence in 2004 for offenses that encompassed tax evasion, campaign finance violations, and witness tampering. Furthermore, in 2001, Bill Clinton pardoned his younger half-brother, Roger Clinton, for a cocaine-related infraction originating from 1985. In both aforementioned instances, the pardons were extended to individuals who had already completed their sentences. President Biden’s action regarding his son’s situation, however, occurs prior to the imposition of a sentence. According to the Pew Research Center, Trump issued 237 acts of clemency throughout his four-year tenure in the White House, which included 143 pardons and 94 commuted sentences. A significant number of these were granted in a rapid succession before his departure from office. This total is considerably lower than that of his predecessor, Barack Obama, who, over his eight-year term, granted 1,927 acts of clemency, as reported by Pew. These consisted of 1,715 commutations and 212 pardons. The majority of individuals who received executive clemency under Obama had been found guilty of narcotics offenses during the peak of the so-called US war on drugs. Among the most contentious presidential pardons was the one issued by Gerald Ford to his predecessor, Richard Nixon, in 1974, which encompassed actions taken during the Watergate Scandal. This act was characterized as an attempt to unify the country. The day following his inauguration in 2021, Biden underscored his intention to operate differently from Trump. His press secretary informed journalists that the rapid succession of pardons granted by Trump at the end of his term was “not a model… for how President Biden would use his own power. He would use his own power far more judiciously.” Following his son’s conviction, Biden had stated he would not grant a pardon. In the declaration announcing his reversal, he recognized his prior commitment to “not interfere with the justice department’s decision-making.” Nevertheless, he asserted that Hunter Biden had been “singled out” and subjected to a “miscarriage of justice.” Trump is one of several figures who have criticized Biden for this action, labeling it an “abuse.” The presumptive incoming president questioned whether Biden would similarly pardon his supporters who faced prosecution concerning the US Capitol riot on 6 January 2021. Trump, who encountered numerous legal challenges after leaving the White House, has consistently alleged that the US justice system has been unfairly used against him and his proponents. He has pledged to grant his own pardons to individuals involved in the Washington riot. However, the precise identities of those who will receive clemency, and whether such pardons will encompass individuals convicted of the most severe and violent crimes, remains an unresolved matter.