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While Joe Biden publicly maintained a steady demeanor, those closest to him speculated that he would eventually step in to halt the federal legal proceedings against his son.
The unexpected announcement on Sunday of a sweeping pardon for Hunter Biden ignited a firestorm of controversy in Washington. Discussions erupted regarding the implications for the President’s legacy, the potential effects on the already shaky credibility of the Justice Department, and whether President-elect Donald Trump, a convicted felon himself, would regard the pardon as definitive. The atmosphere was charged, urgent, and—predictably—controversial.
However, examining Biden’s decision to exercise a constitutional power that is largely unchecked clarifies some of the reasoning behind it. Yes, Biden did a complete turnaround on a firm commitment not to use his authority to protect his son. Yes, this decision contradicts longstanding Democratic critiques of Trump, asserting that no individual is above the law, no matter their connection to the presidency. And yes, this action may overshadow Biden’s final days in office, diverting attention from his efforts to solidify a legacy after a lengthy political career.
Yet, these criticisms overlook a significant reality: Joe Biden faced a more complex dilemma than merely deciding whether to spare his only living son from incarceration. Many will label this a self-serving act by a father driven by instinct. Nevertheless, it might also represent one of the most deliberate choices Biden has made this year—surpassing even the shocking announcement in July that he would not seek reelection as the Democratic Party’s nominee.
Here are six considerations that elucidate Biden’s decision to issue a roughly 200-word pardon:
Trump has openly expressed his intent to pursue the Bidens.
For years, Hunter Biden’s connections with a Ukrainian energy firm have captivated conservative audiences, many of whom suspect that the payments made to him were a cover for illicit financial dealings involving Joe Biden. (Much of the GOP’s case against the Bidens has been debunked, and their impeachment efforts against Joe Biden have faltered.) With Trump poised to regain control of the Justice Department and the FBI—potentially under the leadership of a loyalist who supports Trump’s aggressive tactics against his adversaries—there was apprehension that the President-elect would prioritize investigating Hunter Biden, even if he were serving a prison sentence. Biden’s broad pardon effectively nullified any such pursuit, as federal charges could no longer be brought against Hunter.
Hunter Biden’s legal matters were treated uniquely
This is undeniable. Experts generally agree that if anyone else faced similar charges, they would likely receive a straightforward plea deal—one that was previously proposed but rejected by a Trump-appointed judge due to its unusual scope. The prosecution became even more unconventional once the Trump-nominated U.S. Attorney for Delaware was appointed as special counsel in Hunter Biden’s case. With this special designation, David Weiss proceeded to secure convictions on three federal felony counts related to illegal firearm purchases and nine guilty pleas on tax-related charges. Hunter was set to be sentenced for the firearm conviction on December 12, with a subsequent sentencing for tax evasion scheduled for December 16. If handed the maximum sentences—considered improbable—he could have faced up to 42 years in prison.
Doing nothing was not really an option
Indeed, Biden’s reversal came without any apology. He had been traversing the globe—literally—asserting that the justice system was functioning fairly for both his son and Trump. He knew he would face backlash from some of the same individuals whose approval he has sought for years. However, the voters made their judgment on Biden’s strict adherence to protocol when they chose to reinstate Trump. In fact, Trump had hinted at granting mass pardons to individuals involved in the January 6, 2021, insurrection. Voters appeared to find that idea appealing—or at least not disqualifying—and opted to return Trump to power.
If Trump believes he can effortlessly reverse legal repercussions without facing consequences, perhaps Biden is right to assume he enjoys similar freedom. After all, Trump’s first term included clemency for individuals like former Illinois Governor Rod Blagojevich, former NYPD Commissioner Bernie Kerik, and “junk-bond king” Michael Milken. Trump also used his pardoning power to absolve five aides, three military personnel accused of war crimes, seven disgraced former Congress members—all Republicans—and ten healthcare providers implicated in a large Medicare fraud case.
Considering this context, what if Hunter Biden’s upcoming sentencing resulted in years behind bars for offenses that experts argue are seldom prosecuted? How would the public have reacted if Joe Biden, in the twilight of his presidency, had declined to use his pardoning authority to assist his own son?
Family is integral to the Biden identity
Throughout his extensive political career, Joe Biden has championed the idea that the judicial system should remain separate from politics. However, this belief collided with a competing principle: the primacy of family above all else. The President’s sorrow over the loss of his son Beau is a backdrop to many of the Biden family’s decisions over the past decade and likely influenced his thoughts as he considered the prospect of his grandchildren spending even more time without their father. Although politically contentious, this decision was not entirely surprising. Recall that when an Iowan confronted Biden about Hunter’s involvement in Ukraine back in December 2019, he labeled the individual “a damned liar” and challenged him to a push-up contest. Biden subsequently pledged to maintain his family’s integrity if elected.
Moreover, Hunter Biden has been candid about his struggles with addiction and has seemingly turned his life around after making some regrettable choices. A lengthy prison sentence would likely impart little wisdom to him that he hasn’t already grasped. This rationale may have influenced Joe Biden’s decision to grant the pardon.
Biden acted with minimal constraints
The power to pardon is absolute and solely resides with the President. There is no requirement for Congressional approval, nor does anyone in his administration possess the authority to obstruct him. That’s why, when Biden declared on June 13, “I will not pardon him,” some were skeptical. A pardon was always an option, regardless of the insistence from his aides to refrain from any involvement concerning Hunter. How else can one explain Biden’s invitation to Hunter to a state dinner shortly after the younger Biden attempted to negotiate a deal with federal prosecutors, with the Attorney General present at the same event? Despite Hunter’s past issues, he still holds influence within his father’s inner circle as the oldest living child in a once-prominent political family.
This will be a challenging moment, but perhaps only temporarily
The White House announced the news late Sunday, right as Biden prepared to depart on his final international trip as President. This timing keeps him out of Washington until Thursday, with no formal press conference scheduled, a tactic reminiscent of a recent trip to South America that also featured limited media engagement. This leaves ample opportunity for the narrative surrounding Biden’s apparent breach of his commitment not to grant a pardon to unfold. Onboard Air Force One, the White House’s chief spokesperson reaffirmed the decision, and on Monday, during a welcome event for National Guard members viewing the holiday decorations, First Lady Jill Biden faced inquiries about the pardon. “Of course I support the pardon for my son,” Dr. Biden stated in the State Dining Room of the White House.
Additionally, Washington is grappling with its usual end-of-year budgetary pressures; this year, Congress has until December 20 to negotiate spending, with significant disagreements on how far to extend funding into Trump’s second term. In essence, the pardon is unlikely to remain a top concern for most Americans, and Trump will probably find ways to redirect public attention as Biden’s team runs against the clock.
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