What presidential pardon did Joe Biden grant to his son Hunter in gun and tax fraud cases? Explain

Last update:December 02, 2024, 1:24 p.m. IST

Article II, Section 2 of the United States Constitution grants the president the power to grant pardons for federal offenses, except in cases of impeachment. The Supreme Court calls this power an “act of mercy,” but it is subject to structural constitutional constraints.

Joe Biden, who previously said he would not interfere with Justice Department proceedings, defended his decision by arguing that his son, Hunter, had been “selectively and unfairly prosecuted” by political opponents. (AP Photo)

As Joe Biden prepares to leave the White House, he went back on his public promise and granted a presidential pardon to his son, Hunter Biden, who was convicted this month of tax and weapons violations.

“Today I signed a pardon for my son Hunter,” Biden said in a statement. It is a “full and unconditional pardon,” according to a copy of the executive pardon granted by CNN.

Biden, who previously said he would not interfere with Justice Department proceedings, defended his decision by arguing that his son was being “selectively and unfairly pursued” by his political opponents.

What is the president’s pardon power?

Article II, Section 2 of the Constitution grants the President the authority to grant pardons for federal offenses, except in cases of impeachment.

The Supreme Court has called this power an “act of grace” aimed at promoting justice and public welfare. However, this power is not unlimited and is limited by structural constitutional constraints.

The president is not above the law: Self-pardons or pardons intended to interfere with the investigation of the president’s actions violate constitutional principles, including the Prudence Clause and the Oath Clause, which require the president to act in the public interest rather than for personal gain. Furthermore, the principle that no one is above the law remains fundamental. The authors explicitly rejected the idea of ​​an unaccountable president, emphasizing that American presidents, unlike monarchs, are “subject to the law.”

Protecting constitutional rights: The pardon power cannot override other constitutional provisions, such as individual rights. In 1915, the Supreme Court ruled that a president could not impose a pardon that would violate the Fifth Amendment’s protection against self-incrimination. Likewise, pardons that interfere with judicial powers, such as those granted to those held in contempt of court, would undermine the constitutional role of the judiciary.

I can’t break criminal law: Presidential pardons granted as part of corruption schemes or to obstruct justice would violate federal laws. Promising pardons to hinder cooperation in criminal proceedings constitutes obstruction.

Protecting future violations of the law: Pardons intended to encourage lawbreaking violate the president’s constitutional duty to uphold the law. Donald Trump’s suggestion to pardon those involved in the Jan. 6 Capitol attack could be seen as an endorsement of insurrection, directly contravening the president’s oath to defend the Constitution against domestic threats.

How the government ensures the pardon power is not abused

Judicial: Federal courts can rule on the constitutionality of pardons, as in Burdick v. United States, where the Supreme Court determined that pardons cannot be imposed on individuals. Provide remedies to victims whose rights have been violated; develop jurisprudence to guide the president

Congress: Through oversight and impeachment, Congress can combat abuse, as evidenced by the articles of impeachment against President Richard Nixon for obstruction of justice through pardon-related actions.

Executive: The Justice Department is investigating potential abuse of the pardon power. Prosecuting criminal uses of the pardon power, such as when pardons are used to obstruct justice. Lawyers advise and assist in matters of clemency and uphold the oath of office to defend the Constitution.

What is the case with Hunter Biden?

Hunter Biden was convicted in June of illegally purchasing and possessing a firearm as a drug user. He pleaded guilty in September to nine tax violations, stemming from $1.4 million in taxes he failed to pay by spending on escorts, strippers, cars and drugs.

Special Counsel David Weiss, who was the U.S. attorney appointed by Trump, began investigating Hunter Biden in 2018 and filed both indictments in 2023. As president, Joe Biden had the authority to close an investigate or drop the charges, but he did not intervene in the matter. at that time.

Hunter was scheduled to be sentenced in December to prison terms of up to 25 years for the gun charges and 17 years for the tax offenses. Federal guidelines, however, suggested he could have avoided incarceration altogether.

This is the latest example of an outgoing president using his pardon power to help a family member.

When Presidents Used the Pardon Power

Donald Trump pardoned his son-in-law Jared Kushner’s father, Charles, in 2020, after Kushner pleaded guilty years earlier to witnessing tampering, tax evasion and illegal campaign contributions. Charles, who has close ties to Trump through his real estate connections, is now being considered for the post of U.S. ambassador to France. Ivanka Trump and Jared Kushner married in 2009.

President Bill Clinton pardoned his half-brother Roger Clinton, who was convicted in 1985 of a drug offense, on his last day in office in 2001. He also faced increased scrutiny from congressional Republicans, who investigated him for receiving a fine. large sum of money from foreign sources.

Billy Carter, brother of US President Jimmy Carter, attempted to strike a deal with Libya, hoping to make half the profits. However, a Senate Judiciary subcommittee concluded in October 1980, just before Jimmy Carter lost the election, that Billy had no influence on American politics.

Abraham Lincoln pardoned many people, including 265 Dakota Indians, an Ohio congressman known as Copperhead, and Emilie Todd Helm, the wife of Confederate General Benjamin Hardin Helm and half-sister of Mary Todd Lincoln.