Joe Biden's Controversial Pardon of Hunter Biden Sets Precedent for Trump's Potential Clemency Power
In an unanticipated move on December 2 2024, the 46th President of the United States, Joe Biden, pardoned his son, Hunter Biden, for federal crimes “he committed or may have committed” between January 2014 and December 1 2024. A Delaware jury had found Hunter guilty of failing to disclose his addiction to illegal drugs when purchasing a firearm. In California, he pleaded guilty to criminal charges of $1.4 million in tax evasion, using the money to fund a lifestyle of luxury items, drug abuse, and sex workers. He was scheduled to be sentenced on December 12 and December 16, respectively. These charges saw Hunter, the first ever child of a sitting president to be criminally convicted, facing up to 17 years in prison, although, it was likely he’d receive a lesser punishment.
President Biden had previously repeatedly ruled out a pardon for his son, insisting even after Donald Trump’s election win in November that his position would not change. However, in a statement on December 1, Biden stated he believed Hunter’s situation to be a ‘miscarriage of justice’, and that ‘Hunter was singled out’, with the only option being a pardon to put an end to it. The seemingly hypocritical conduct of the president saw only around 2 in 10 Americans approve of the decision. President-elect Donald Trump made known his criticism, describing the decision to be “such an abuse and miscarriage of Justice”, further asking “Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?”
With Biden effectively clearing his son for any federal law he had and may have broken over nearly 11 years, despite making it clear he wouldn’t do so; Trump now has cover to shield his own allies and expand the power of the pardon. Biden’s decision essentially gifted Trump both precedent and political cover to issue pardons to his allies, absolving them of crimes they are charged with and unknown crimes that may have been committed. The power Trump now holds with the unfolding of the pardon raises fears of broad clemency to defendants sentenced for participation in the January 6 riot at the US Capitol. Trump had already made broad claims that, if elected, he would pardon most of the January 6 defendants, and now he has a clear pathway. As Samuel Morison, an attorney in the Office of the Pardon Attorney, stated about Trump: “How can you say that the president can’t grant pardons to correct something that he believes is an injustice? Biden just did it.” Furthermore, Senator Gary Peters said the pardon “erodes trust in our government”. Yet, whilst only 2 in 10 Americans approved of the decision, Biden’s approval rating didn’t shift post-pardon. This lack of substantial drawback amongst the US population and democrat supporters, in particular, further fuels the possibility of Trump abusing the power of the pardon for his political gain. If Biden could make such a hypocritical and morally unsound decision, with limited outcry from the public, how could anyone complain if Trump offers broad clemency to anyone who he favours, particularly when he has made his plans to use the pardon well-known?
While by no means does the situation hand Trump dictatorial-like power, it certainly opens up avenues of immoral pardons and the degradation of the justice system in a way previously unknown, not only blurring moral lines, but also the distinction between official duties and personal interests.
By Adam Nealon
