President Joe Biden pardoned his son Hunter Biden on Sunday, weeks before he left the White House and despite previously vowing not to.
Biden said in a statement announcing the pardon that his son had been “selectively and unfairly prosecuted” and that his political opponents had “attempted to dismantle Hunter,” suggesting the Justice Department would continue under a second Trump administration. Hunter Biden was later convicted in two separate federal cases involving handgun and tax-related charges and is awaiting sentencing.
“Full and unconditional forgiveness” covers the 11-year period ending December 1 and “is not limited to all crimes charged or pending”.
“I believe in the justice system, but as I have wrestled with it, I also believe that raw politics has infected the process and led to a miscarriage of justice,” Biden said in the statement.
Republicans, unsurprisingly, have criticized the decision, but so have some of Biden’s fellow Democrats. Sen. Michael Bennett (D-Colo.) to call “Forgiveness is a decision.”Put personal interests before duty“which further erodes Americans’ faith that the justice system is fair and equal for all,” said Rep. Greg Landesman (D-Ohio). It was “a setback.” For those who want to “believe in public service again”.
Here’s what you need to know about presidential pardon powers Hunter Biden and what the precedent could mean for Donald Trump.
Who is Hunter Biden and what did he do?
Hunter Biden, 54, is the president’s only surviving son and the only family member of a sitting president to be convicted of a federal crime.
In June, a Delaware jury convicted him of three counts of misrepresenting his illegal drug use on a form submitted when he bought a handgun in 2018, while he was under the influence. He initially struck a plea deal with prosecutors that later fell apart, and instead, they brought the gun charges to trial — a A rare occurrence.
In September, Biden pleaded guilty to nine charges related to underpayments between 2016 and 2019, including filing false tax returns and tax evasion. He faces up to 25 years in prison for the gun conviction and 17 years for the tax conviction, though likely Sentenced for only a fraction of that timeA total of less than five years.
Neither case involved a long-running investigation into Biden’s business dealings, which Republicans have tried to link to his father. But if he is not pardoned, he may face further charges.
What is a presidential pardon?
Under the Constitution, the President has the power to “imprison and grant pardons”. A full pardon recognizes past criminal convictions (or, in the case of Hunter Biden, those within a certain period of time, as well as the possibility of facing legal jeopardy for as-yet-uncharged crimes) and its consequences, including restoration of the right to vote, hold office and sit on a jury, if Lost as a result of conviction. Presidents can also grant pardons to people convicted of federal crimes, reducing their sentences upon conviction. This authority, however, is not unlimited.
Although the president can grant an unlimited number of pardons, they can only do so for federal criminal offenses, not state crimes or civil liabilities. There is also Other restrictions Regarding presidential pardon power: Federal courts have found that pardons must advance the “public good”; They cannot be used as a violation of constitutional rights, obstruction of justice or bribery; And they must not interfere with the duties of the President.”Be careful that the law is faithfully executed“The future encourages lawlessness.
Have presidents pardoned their families before?
Presidents have pardoned their family members before, though this is relatively uncommon. Bill Clinton Pardons His Half-Brother Pleaded guilty in 1985 on drug charges. Trump pardoned Charles Kushner, father of his son-in-law Jared Kushner, who he Recently appointed US ambassador to France.
Trump also pardoned Dozens of people Shortly before he left office in his first term, those who later supported him or financially supported his 2024 campaign included his former White House chief strategist Steven Bannon, former Arizona Sheriff Joe Arpaio, his former campaign chair Paul Manafort and his former political advisers. Roger Stone.
In 1974, Gerald Ford notably pardoned his predecessor Richard Nixon after the Watergate scandal, a decision he attributed to the need to allow the country to overcome the scandal.
But Biden’s controversial decision to pardon his son could pave the way for future presidents — Trump included — to abuse their pardon power. Biden’s pardon is incredibly broad, covering more than a decade in which his son may have committed crimes that have not yet been charged, and in that sense, Unprecedented. Generally, presidents pardon specific crimes or crimes related to a specific event. This amounts to a blanket amnesty.
Will Trump pardon someone after coming to power?
Trump has previously claimed that he has a “absolute right“To excuse myself, there is a statement that Divided legal scholars. But it is unclear whether he will test that theory; when he is 34 felony convictions In his name for falsifying business records, they are beyond his pardon power in New York state courts. He also faces multiple federal criminal investigations, but after Trump’s re-election, special counsel Jack Smith and the Justice Department said they would drop cases against him for trying to overturn the 2020 election and mishandling classified documents at Mar-a-Lago.
The conservative majority on the Supreme Court has suggested that he could side with Trump if he pardons himself. In a ruling earlier this year, it found that presidents have immunity from prosecution for official acts under their “exclusive sphere of constitutional authority.”
Trump also suggested that he would pardon those behind the January 6, 2021, riot at the US Capitol. More than that 1,000 people They have been convicted for their involvement, including charges of seditious conspiracy and assaulting law enforcement officials, and hundreds of cases are still pending. Trump has previously, baselessly called them “hostages” and said he “will”Many of them are willing to forgive“
Past presidents have pardoned rebels before, but not recently. Previous cases include the Whiskey Rebellion of 1794 and the Philippine-American War in the early 20th century, but in those cases, pardons were seen as an opportunity to quell further unrest. A possible Trump pardon for rebels on January 6 could have the opposite effect; By allowing his supporters to escape the consequences of politically motivated violence, it may encourage such violence on his behalf.
Can pardon powers be reformed?
Some Democrats have raised the possibility of guarding the president’s pardon power to prevent future abuses in the wake of Biden’s decision. Rep. Gerry Conley (D-Va.) indicated On Monday that he would support the reform: “At the very least, we have to limit it so you can’t pardon relatives, even if you believe passionately that they are innocent or their cause is just,” he said on CNN.
Other Democrats have previously suggested That not only members of a president’s family, but members of his administration or campaign staff, and anyone who commits a crime in furtherance of the president’s personal interests should not be eligible for a pardon. While this may already be outside the scope of the president’s pardon power, clarifying that prohibition would help prevent abuse, especially since courts may be reluctant to intervene.
However, such reforms would require a constitutional amendment. It would require two-thirds of both houses of Congress to approve it, which seems unlikely at a time of political polarization.
How can Biden still use his pardon power?
With nearly two months left in office, Biden could still issue more pardons. It is traditional for presidents to issue executive pardons before they leave office, and advocates have called on Biden to do so in several cases. Perhaps most notably, Biden still has time to pardon 40 men are currently on federal death rowOtherwise who will face Possibility of execution Under the second Trump administration.
He can also use force to reduce mass confinement damage, eg Dozens of lawmakers Requested him recently. Specifically, they called on Biden to help many who are currently in prison, including the “elderly and chronically ill,” “people who have been unfairly penalized,” and “women who were convicted of defending themselves against their abusers,” including those who don’t speak to public safety. Threatened and those who have been separated from their families.
Biden has granted 25 pardons and 132 commutations Number of sentences while in office, according to the Department of Justice. That puts him behind other recent Democratic presidents, including former President Barack Obama, who issued 212 pardons and 1,715 commutations. However, Obama issued hundreds of pardons in his last day in office, and Biden may do the same — on Monday, press secretary Karin Jean-Pierre said. told reporters That more forgiveness will be forthcoming.
