Biden’s Pardon of Son Hunter Shatters Presidential Precedent

Biden says he has pardoned his son, Hunter | Reuters

President Joe Biden made history on Sunday, December 1, 2024, by granting a presidential pardon to his son, Hunter Biden, for federal convictions on gun and tax-related charges. This decision marked the first time a sitting U.S. president has used their pardon power to absolve their own child, igniting a fierce debate over ethics, justice, and political motivations.

The Constitution grants the U.S. president the exclusive authority to issue pardons for federal offenses, with the sole exception of impeachment cases. Over the years, presidents have exercised this power to exonerate political allies, friends, and even controversial figures. However, Biden’s action has pushed the boundaries of this privilege, raising questions about its use for personal purposes.

In a public statement, Biden defended his decision, alleging that the charges against Hunter stemmed from political targeting by his opponents. He claimed the investigation was a deliberate effort to harm his presidency and influence public perception. Biden emphasized that the single count of providing false information on a federal gun purchase form was pursued only because of Hunter’s familial ties to the president.

The investigation into Hunter Biden began in 2018 during the Trump administration and spanned years, becoming a focal point for Republican criticism. Hunter’s business dealings, his struggles with addiction, and allegations of profiting from his father’s political career have been a consistent source of controversy. Republicans argue that this pardon validates claims of a two-tiered justice system, favoring the powerful.

Biden’s decision contradicts an earlier promise not to interfere with the judicial process involving his son. Critics believe this move undermines the integrity of the justice system and casts a shadow on Biden’s presidential legacy. Analysts have noted that Biden’s decision to pardon Hunter comes at a politically vulnerable time, following Democrats’ loss of the White House in November’s election.

Presidential pardons for family members are rare but not unprecedented. Bill Clinton pardoned his half-brother Roger Clinton for drug-related offenses. Donald Trump issued a pardon for Charles Kushner, his son-in-law’s father, who was convicted of tax evasion, witness tampering, and illegal campaign contributions. However, Biden’s pardon is unique in that it directly involves a sitting president’s immediate family member, a move the framers of the Constitution likely did not anticipate.

Presidential historian Alexis Coe remarked that the founders intended the pardon power to serve justice and inspire national unity. Using it for personal reasons, she argued, risks setting a dangerous precedent. Critics fear that such actions could normalize the use of pardons as political favors or personal protections.

Hunter Biden’s legal troubles have been a recurring political liability for the president. During Donald Trump’s tenure, Hunter’s involvement with a Ukrainian energy company was central to Trump’s first impeachment. Republicans have consistently attempted to connect Hunter’s business ventures to Joe Biden’s political influence, fueling public distrust.

The timing of the pardon has also raised eyebrows. Presidents often issue controversial pardons during the lame-duck period, when they are no longer constrained by electoral considerations. Biden’s pardon of Hunter aligns with this trend, occurring just weeks before his departure from the presidency.

While defending his decision, Biden expressed faith in the justice system but accused his political opponents of corrupting the process. “Raw politics has infected this case,” he stated, calling the charges against Hunter a “miscarriage of justice.”

Biden’s broader use of the pardon power has been less contentious. In 2022, he issued a mass pardon for individuals convicted of simple marijuana possession on federal lands, a move celebrated by criminal justice reform advocates. However, this recent act has sparked an entirely different response, with critics accusing Biden of prioritizing personal interests over the principles of fairness and accountability.

The political fallout from Biden’s decision is already evident. Republicans have seized the opportunity to criticize what they perceive as hypocrisy and double standards. Meanwhile, Democrats are grappling with the implications for the party’s credibility and future.

The pardon comes as Donald Trump faces ongoing legal challenges. Notably, Trump once contemplated issuing himself a pardon during his presidency, further blurring the lines between justice and political power.

As the Biden presidency nears its conclusion, this historic pardon will likely dominate discussions about his legacy. Whether seen as an act of compassion for a struggling family member or a misuse of presidential authority, it has undeniably set a precedent that will shape debates on the limits of executive power for years to come.

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