Did Biden reverse course by pardoning Hunter Biden?

Did Biden reverse course by pardoning Hunter Biden
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As his son, Hunter Biden, faced federal charges related to taxes and firearms, President Joe Biden and his associates repeatedly stated for months that they would not pardon him. However, Joe Biden announced a broad pardon on December 1. Biden has been discussing a possible pardon since at least the summer. “Have you ruled out a pardon for your son?” questioned Joe Biden on June 6 by David Muir of ABC News. To which Biden replied, “Yes.” During an international meeting a week later, Biden told reporters once more that “I will not pardon him” or commute his sentence to a lesser measure that would have lowered Hunter Biden’s sentence without overturning his conviction. White House Press Secretary Karine Jean-Pierre reiterated Biden’s stance that he would not pardon his son on multiple subsequent occasions.

Political implications of the pardon

Then, just over three weeks later, Joe Biden made a U-turn. In a statement announcing the pardon, Biden wrote, “No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son, and that is wrong.” It went on to say, “Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process, and it led to a miscarriage of justice.” To gauge how consistent politicians are on topics, use the flip-o-meter. The ranking aims to record a politician’s shift in stance on well-known subjects, but it does not provide value to a politician who does so. A reporter inquired about a potential pardon as recently as Nov. 7, ahead of Jean-Pierre’s expected sentencing on the gun charges on Dec. 12 and the tax fraud charges on Dec. 16. “We’ve been asked that question several times,” she said.

Public reactions to the pardon

A Delaware jury convicted him guilty on three counts of lying on a federal firearms purchase form about his drug use. The younger Biden also entered a guilty plea to charges on 2016–2019 tax filing and payment. Joe Biden’s “full and unconditional pardon” goes further, however, since it covers “offenses against the United States that (Hunter Biden) has committed or may have committed or taken part in during the period from January 1, 2014, through December 1, 2024.” Hunter Biden is now protected from any attempts by the incoming Trump administration to bring charges against him for any prior offenses, including his work for the Ukrainian energy company Burisma. “Using the pardon power in a way that exclusively benefits those who are related to or close to the president is an abuse of the pardon power, which is intended to be used in a way that advances the public good by improving the functioning of the justice system,” said Dan Kobil, a law professor at Capital University. “Biden or any president interfering with the justice system to benefit a family member undermines the reasons we gave the president the power in the first place.”

Legal perspectives on the pardon

Kobil added that it’s “hardly speculative” to think that Hunter Biden “could be a prime target of the incoming administration” and that “we must also be cognizant that the incoming president has repeatedly promised to use the government to exact ‘retribution’ against his enemies.” Republicans have already blasted Biden’s action, accusing him of hypocrisy for both breaching his pledge and abusing his position as president to shield his son. Colorado Democratic Governor Jared Polis swiftly issued a statement expressing his disappointment and claiming that the action would “tarnish” the reputation of the departing president.

FactDetail
Pardon OverviewHunter Biden’s prior legal troubles were resolved in 2024 when President Biden pardoned him.
Hunter Biden’s ChargesFederal allegations against Hunter Biden include possession of a firearm, tax evasion, and other violations.
Pardon JustificationFollowing a thorough inquiry into his son’s case, Biden stressed the need for justice and forgiveness.
Political ReactionsPolitical figures had differing opinions; some Democrats backed it while Republicans denounced it.
Public ImpactDiscussions about accountability, justice, and political influence were stoked by Pardon.
Legal ImplicationsRegarding the extent and authority of presidential clemency, the pardon might establish precedents.
Biden’s Political ImageBiden’s 2024 reelection campaign may be impacted by the ruling, as detractors point to possible unfairness.

Biden’s justification for the action

For months, Joe Biden insisted that he would not pardon Hunter Biden, and his press secretary kept repeating that stance. Joe Biden was then granted a broad pardon. Regardless of the rationale behind the president’s pardon, his actions represent a radical shift in stance. Joe Biden had frequently denied that he would commute what was likely to be a substantial jail term or pardon his son Hunter for his crimes related to gun ownership and tax cheating. He declared he had changed his mind on the Sunday night following Thanksgiving when the American public’s focus was firmly elsewhere. In a press release announcing his decision, he stated, “There has been an attempt to break Hunter, who has been sober for five and a half years, despite relentless attacks and selective prosecution.” They have attempted to break me in an attempt to break Hunter, and there is no reason to think that this will end. Enough is enough.

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  • NYCFPA Editorial

    The New York Center for Foreign Policy Affairs (NYCFPA) is a policy, research, and educational organization headquartered in New York State with an office in Washington D.C. NYCFPA is an independent, non-profit, non-partisan, institution devoted to conducting in-depth research and analysis on every aspect of American foreign policy and its impact around the world. The organization is funded by individual donors. The organization receives no corporate or government donations.

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