What Is Presidential Pardon That Joe Biden Has Granted To Son Hunter In Gun, Tax Fraud Cases? Explained
Article II, Section 2 of the United States Constitution grants the president the authority to issue pardons for federal offenses, barring cases of impeachment. The Supreme Court characterises this power as an ‘act of grace’, however, it is bound by structural constitutional constraints
As Joe Biden prepares to leave White House, he has reneged on his public promise and granted presidential pardon to his son, Hunter Biden, who has faced sentencing this month for 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 grant of clemency with CNN.
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Biden, who had previously stated that he would not interfere with Department of Justice proceedings, defended his decision by arguing that his son was “selectively and unfairly prosecuted" by political opponents.
What Is The Pardoning Power Of President?
Article II, Section 2 of the Constitution grants the president the authority to issue pardons for federal offenses, barring cases of impeachment.
The Supreme Court has characterised this power as an “act of grace" aimed at promoting justice and public welfare. However, the power is not limitless and is bound by structural constitutional constraints.
President Not Above Law: Self-pardons or pardons intended to interfere with the investigation into the president’s action violate constitutional principles, including the Take Care Clause and Oath Clause, which require president to act in the public interest rather than for personal gain. Moreover, the principle that no one is above the law remains fundamental. The framers explicitly rejected the idea of an unaccountable president, stressing that US presidents, unlike monarchs, are “subject to the law".
Protect 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 violated the Fifth Amendment’s protection against self-incrimination. Similarly, pardons interfering with judicial powers, such as those for individuals held in contempt of court, would undermine the judiciary’s constitutional role.
Can’t Violate Criminal Law: Presidential pardons issued as part of bribery schemes or to obstruct justice would violate federal laws. Promising pardons to hinder cooperation with criminal proceedings constitutes obstruction.
Shield Future Lawbreaking: Pardons intended to encourage lawbreaking violates the president’s constitutional duty to uphold law. Donald Trump’s suggestion to pardon individuals involved in the January 6th Capitol attack could be viewed as an endorsement of insurrection, directly contravening the president’s oath to defend the Constitution against domestic threats.
How Government Ensures Pardon Power Is Not Abused
Judiciary: Federal courts can rule on the constitutionality of pardons, as in Burdick v. United States, where the Supreme Court determined that pardons cannot be forced upon individuals. Provide remedies to victims whose rights have been infringed upon; develop case law to guide the president
Congress: Through oversight and impeachment, Congress can address abuses, as evidenced by the articles of impeachment against President Richard Nixon for obstruction of justice through pardon-related actions.
Executive: The Department of Justice investigates the potential misuse of pardon power. Prosecute criminal uses of the pardon power, as when pardons are used to obstruct justice. Attorneys advise and assist with pardons and uphold oath of office to defend the Constitution.
What Is Hunter Biden’s Case?
Hunter Biden was convicted in June for illegally buying and possessing a gun as a drug user. He pleaded guilty in September to nine tax offences, stemming from $1.4 million in taxes that he didn’t pay while spending on escorts, strippers, cars and drugs.
Special Counsel David Weiss, who was Trump-appointed US attorney, began investigating Hunter Biden in 2018 and filed both indictments in 2023. As president, Joe Biden had the authority to shut a probe or dismiss charges, but he did not interfere in the matter at that time.
Hunter was due to be sentenced in December, facing potential prison terms of up to 25 years for the gun charges and 17 years for tax offences. Federal guidelines, however, suggested he might have avoided incarceration altogether.
This is the latest example when an outgoing president has used pardon power to help a family member.
When Presidents Have Used Pardon Power
Donald Trump granted pardon to his son-in-law Jared Kushner’s father, Charles, in 2020, after Kushner pleaded guilty years earlier to witness tampering, tax evasion and illegal campaign contributions. Charles, who has close ties to Trump from their real estate connections, is now being considered for the role of US Ambassador to France. Ivanka Trump and Jared Kushner married in 2009.
President Bill Clinton granted a pardon to his half-brother Roger Clinton, who had been convicted in 1985 for a drug-related offence, on his final day in office in 2001. He also faced scrutiny from Congressional Republicans, who investigated him for receiving a large sum of money from foreign sources.
Billy Carter, brother of US President Jimmy Carter, tried to secure a deal with Libya, hoping to earn half profits. However, a Senate Judiciary subcommittee concluded in October 1980, just before Jimmy Carter lost the election, that Billy did not affect US policy.
Abraham Lincoln granted pardons to many individuals, including 265 Dakota Indians, an Ohio Congressman known as a Copperhead, and Emilie Todd Helm, the wife of Confederate General Benjamin Hardin Helm and half-sister of Mary Todd Lincoln.
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