President Joe Biden granted a sweeping pardon to his son, Hunter Biden, on Sunday night, a move that experts are likening to Gerald Ford’s controversial pardon of Richard Nixon in 1974. The pardon shields Hunter from facing federal charges for any potential crimes committed over the past decade, marking an extraordinary use of presidential clemency.
An Unprecedented Pardon
The scope of Hunter Biden’s pardon is unusually broad, covering “all offenses against the United States which he has committed or may have committed” between January 1, 2014, and December 1, 2024. Legal experts compare it to Ford’s pardon of Nixon, which also used similarly broad language to cover all offenses during Nixon’s presidency.
Margaret Love, a former U.S. pardon attorney, noted the rarity of such clemency, saying, “Even the broadest Trump pardons were specific as to what was being pardoned.”
The timing appears deliberate, with the starting date coinciding with Hunter Biden’s controversial involvement with Burisma Holdings, a Ukrainian energy company. Republicans have long accused Hunter of leveraging his father’s position as vice president for personal gain.
Political Ramifications
The pardon has sparked immediate criticism, particularly from Republicans, who have accused President Biden of using his office to shield his son from accountability. Former President Donald Trump labeled the pardon a miscarriage of justice and linked it to his broader claims of unfair treatment toward January 6 defendants.
Hunter Biden’s legal troubles have been a focal point of Republican attacks, with accusations ranging from bribery to illegal lobbying tied to his business dealings and personal struggles with addiction. President Biden, however, defended the pardon, arguing that “raw politics” had influenced his son’s prosecution.
“I believe in the justice system, but… raw politics has infected this process and led to a miscarriage of justice,” Biden stated.
A Shift in Clemency Norms
Hunter Biden’s pardon reflects a break from traditional clemency norms, where recipients typically acknowledge wrongdoing and accept responsibility. Experts like Samuel Morison, a clemency lawyer and former Justice Department official, noted that past presidents rarely justified pardons as correcting perceived political injustices.
This shift mirrors trends during Trump’s presidency, where he justified pardons for allies by framing them as victims of political bias. Analysts predict Trump may use Hunter Biden’s pardon as justification for his own clemency plans, including potential pardons for January 6 defendants.
Broader Implications
The pardon has reignited debates over presidential clemency powers and their political implications. Legal experts warn that such sweeping pardons could undermine trust in the justice system by appearing politically motivated.
As the 2024 election looms, the fallout from Hunter Biden’s pardon is expected to feature prominently in political discourse, with Trump vowing to aggressively wield his pardon power if re-elected.
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