Joe Biden had consistently denied any intention to pardon his son, Hunter, for his gun and tax evasion convictions, or to commute what appeared to be a looming prison sentence.
However, on the Sunday evening after Thanksgiving, when public attention was elsewhere, Biden announced he had reversed his stance.
“There has been an effort to break Hunter – who has been sober for five and a half years, despite relentless attacks and selective prosecution,” he stated in a press release explaining his decision. “In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough.”
Biden’s reasoning echoes arguments made by former President Donald Trump, who frequently criticized the U.S. justice system. As he left office in 2021, Trump issued pardons to close associates and allies caught up in criminal investigations during his presidency, bypassing traditional White House pardon procedures. Despite widespread criticism, Trump's actions carried little to no political fallout.
Biden may face criticism for breaking his promise and using his presidential power to shield his son. Colorado Governor Jared Polis, a Democrat, quickly expressed his disappointment, stating that the move would "tarnish" the outgoing president's legacy.
However, with Biden’s political career nearing its end, he is unlikely to face significant consequences for his decision. Attention will soon shift back to the incoming Trump presidency.
The norms surrounding presidential pardons – and the processes that once guided their use – seem to have been fundamentally changed, perhaps permanently. At this point, there may be little room for anyone, regardless of political affiliation, to object.
The Trump camp quickly responded to Biden’s pardon, asserting that the president-elect would overhaul the U.S. justice system and restore due process during his second term.
This is something to watch when Trump returns to office, as he is expected to once again use his pardon power to help associates prosecuted during Biden’s presidency and to free many of his supporters convicted in the January 6, 2021, Capitol assault.
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