Author’s note
Who is above the law? Is the President, a monarch, or the First Lady? Hunter Biden is, it seems, as President Joe Biden has issued a presidential pardon to dismiss his son’s criminal charges, leading to significant backlash. Many citizens argued that this pardon was unjust and unconstitutional, as it showed an unequal execution of laws to favor a relative of a person in power. President Biden’s former statement that he would not issue a pardon for his son exacerbated this criticism. However, others have contended that the pardon was reasonable, as others would do the same in the President’s position. Hunter Biden’s criminal charges are numerous, and determining whether the pardon was justifiable or not is difficult, hence it is important to be informed before jumping to stark conclusions.
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Since he took office, Joe Biden has always declared, “I would not interfere with the Justice Department’s decision-making.”
As his son was convicted of three firearms-related felony charges after admitting to illegally owning a gun as a drug user, and as his son pleaded guilty to all of his tax charges, Joe Biden continuously stood by his decision. After all, his promise to not interfere ensured fairness and equality among all Americans.
Yet this promise was not forever. Going against his own words, Joe Biden declared, “Today, I signed a pardon for my son Hunter.”
Undeniably, he had considered the moral and legal implications of his decision. Empathizers asked, “Who would not do the same thing for their child?” But is this a fair viewpoint, or is there truly no exception to the law?
On December 1st, Joe Biden issued a statement saying that he has “watched [his] son being selectively, and unfairly, prosecuted” and that it was “clear that Hunter was treated differently.”
He did not deny the slight irony this decision created, as throughout his presidency, Biden has stood firmly on his promise that he would not interfere with judicial decisions. Yet this presidential pardon frees Hunter from two criminal charges despite him originally having been awaiting sentencing.
In June, Hunter became the first child of a sitting United States President to be convicted in a case regarding his gun ownership. He was deemed guilty of three charges in Delaware for lying about his drug use on a form when buying a handgun. Secondly, in September, he pleaded guilty in a federal tax case that was looking into whether he had paid enough tax between 2016 to 2019. The nine charges he faced for this included failure to file and pay his taxes, tax evasion, and filing a false return.
Though he was awaiting sentencing, it was known that he faced up to 25 years in prison for the gun case and 17 years for the tax case. This potential jail time led to the presidential pardon. Many Americans have asked: what exactly does a presidential pardon encompass?
The US Constitution broadly states that the president has the “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
In this case, Biden’s pardon dismisses any potential federal crimes that Hunter may have committed between January 2014 to December 2024. Thus, he can not be convicted for his gun and tax cases despite having pleaded guilty.
So, ultimately, is this pardon just?
According to The New York Times, Hunter Biden would not qualify for a pardon under the Justice Department criteria, for which the Pardon Attorney would have to identify and vet worthy clemency receipts. These pardons are often granted to those who have already served their sentences. Despite pleading guilty, Hunter has not been sentenced, let alone has served his sentence.
Many proponents of the pardon have argued that in Joe Biden’s position, anyone would have done the same thing. After all, who would allow their children to sit in prison while they had the power to let them be free?
Still, power is a hefty responsibility, and bending the rules for personal reasons, even for loved ones, should not be justified. No one, not even the President, should be granted this privilege.
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Jurisview Journal is a student-led blog that publishes biweekly articles about interesting criminal cases. Our aim is to shed light on cases that require justice or further exploration and provide input on controversial legal events. We also publish infographics to help victims or those who wish to educate themselves on legal issues.
Works Cited
Biden, Joe. “Statement from President Joe Biden.” The White House, 1 December 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/12/01/statement-from-president-joe-biden-11/. Accessed 15 December 2024.
Fitzgerald, James. “What did Hunter Biden do and what is a presidential pardon?” BBC, 2 December 2024, https://www.bbc.com/news/articles/c99x07ny8lro. Accessed 15 December 2024.
Mason, Jeff. “Biden pardons his son, Hunter, after repeatedly saying he would not.” Reuters, 1 December 2024, https://www.reuters.com/world/us/biden-says-he-is-pardoning-his-son-hunter-2024-12-02/. Accessed 15 December 2024.
Vogel, Kenneth, and Glenn Thrush. “President Pardons His Son, Hunter Biden.” The New York Times, 4 December 2024, https://www.nytimes.com/live/2024/12/01/us/hunter-biden-pardon-live. Accessed 15 December 2024.
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