President Joe Biden, who had repeatedly stated he would not pardon his son Hunter Biden or commute what could be a significant prison sentence related to his convictions for gun possession and tax evasion, unexpectedly reversed his stance.
In a surprise announcement made the Sunday evening after Thanksgiving—when much of the nation’s attention was diverted elsewhere—Biden declared he had changed his mind.
In his press release, Biden justified the decision, saying, “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 tried to break me in order to break Hunter, and there is no reason to think this will stop. Enough is enough.”
The announcement quickly drew fierce criticism from Republicans, accusing Biden of hypocrisy for breaking his prior promise and using the power of his office to shield his son from legal consequences. Colorado Democratic Governor Jared Polis expressed his disappointment, warning that the move would “tarnish” the outgoing president’s legacy.
Presidents have granted pardons to family members in the past. For example, Bill Clinton pardoned his brother Roger in 2001 for a 1985 drug conviction. However, Hunter Biden’s pardon is notably broad, covering not only his criminal convictions but any future charges related to “offenses against the United States” from 2014 to this Sunday.
During this period, Hunter Biden was involved in several international business dealings and served on the board of the Ukrainian energy company Burisma while his father was vice president. Republicans have accused Hunter of leveraging his father’s political position for personal gain, particularly in his business dealings.
The justification for Biden’s pardon mirrors the reasoning Donald Trump used when he granted clemency to several of his associates during his presidency. Trump’s actions, widely criticized at the time, bypassed the usual protocols for using presidential pardon power, with little to no political fallout.
In fact, last week, Trump proposed nominating Charles Kushner—father of his son-in-law Jared Kushner, who received a pardon from Trump in 2021—to serve as the U.S. ambassador to France.
Kushner had spent two years in prison after being convicted in 2005 of campaign finance violations, tax evasion, and witness tampering.
Biden’s decision to issue such a sweeping pardon comes at a time when the political cost is minimal. With the Democratic Party having lost both the White House and Congress in the most recent elections, there are fewer party leaders left to challenge Biden’s actions.
Moreover, Vice President Kamala Harris would have faced significant pressure to denounce the move, potentially delaying her presidential transition. Now, attention is expected to shift to the incoming Trump administration.
The use of presidential pardoning power appears to be entering a new, uncharted territory.
As legal expert Jeffrey Crouch from American University told CBS, “If presidents from both political parties feel free to abuse clemency without consequence, the pardon power becomes less a tool of grace and more of a political instrument.”
The Biden pardon sparked a swift response from the Trump campaign, which criticized the move and pledged that the incoming president would restore due process and fix the U.S.
legal system. This sets the stage for a future where Trump may use his clemency powers to pardon those who were charged during the Biden administration, including supporters involved in the January 6th Capitol riot.
As the back-and-forth continues, both sides will likely accuse each other of partisan prosecution and bending the law to their advantage. With public trust in government already wavering, the American people may become even more convinced that both political parties share the blame for the erosion of ethical standards in the system.
