Law President Biden pardons his son Hunter Biden - The decision, which was first reported by NBC News, is a reversal for the president, who repeatedly said he would not use his authority to pardon his son or commute his sentence.

Original article: https://www.nbcnews.com/politics/joe-biden/joe-biden-issue-pardon-son-hunter-biden-rcna182369



WASHINGTON — Joe Biden pardoned his son Hunter Sunday night, a reversal for the president, who repeatedly said he would not use his executive authority to pardon his son or commute his sentence.

"I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice — and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a President would come to this decision," Biden said in a statement.


Hunter Biden is scheduled to be sentenced on Dec. 12 for his conviction on federal gun charges. He also is set to be sentenced on Dec. 16 in a separate criminal case in which he pleaded guilty to federal tax evasion charges in September.

The pardon is expected to cover both his gun charges conviction and his guilty plea.

A senior White House official told NBC News, which was the first to report on the pardon decision, that the president decided over the weekend to grant his son a pardon and began to inform his senior aides Sunday.

The president also spoke about his son's struggles with addiction in his statement Sunday night, saying that his political opponents were trying to "break" him by going after Hunter.

"No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong," Biden said in his statement. "There has been an effort to break Hunter — who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. 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, 82, is using his pardon power to ensure Hunter Biden does not spend time in jail as he nears the end of his term in the White House and has no future election to face. In recent months, he has said he would not pardon his son or commute his sentence.

“I will not pardon him,” he said in June after a jury found Hunter Biden guilty on three federal gun charges.

The president has discussed pardoning his son with some of his closest aides at least since Hunter Biden’s conviction in June, said two people with direct knowledge of the discussions about the matter. They said it was decided at the time that he would publicly say he would not pardon his son even though doing so remained on the table.

White House press secretary Karine Jean-Pierre told reporters last month that Biden’s position has not changed.

“We’ve been asked that question multiple times. Our answer stands, which is ‘no,’” she said.

Asked Monday whether the president is still committed to not granting clemency for his son, White House spokesperson Andrew Bates said: “The president has spoken to this.” Pressed about whether Biden’s position has changed, Bates replied, “I don’t have anything to add what he said already.”

First lady Jill Biden has also said her husband would not pardon their son.

“Joe and I both respect the judicial system, and that’s the bottom line,” she said in an interview in June.

Hunter Biden’s criminal trial in June was the first involving the child of a sitting president.

Pardoning him after that trial would have ignited a political firestorm for his father, who was campaigning for re-election. Republicans have for years attacked Hunter Biden over his foreign business dealings and accused him and the president of corruption. They have also argued that Hunter Biden was getting special treatment by the Justice Department because of his father’s political power.

GOP criticism reached a peak in July 2023 when Hunter Biden pleaded guilty in a deal with federal prosecutors over the tax and gun charges, which collapsed after a judge raised questions about it. That development led Attorney General Merrick Garland a couple weeks later to appoint the U.S. attorney investigating Hunter Biden, David Weiss, as a special counsel.

Joe Biden dropped out of the presidential race in July, but a pardon before last month's election also could have generated political blowback on the candidacy of Vice President Kamala Harris after she took his place on the Democratic ticket.

Together, the 12 counts Hunter Biden is convicted of or has pleaded guilty to carry a maximum prison sentence of 42 years. But the maximum sentences typically are not given out for convictions of these crimes. The Justice Department has said, for instance, that while the tax charges carry a maximum sentence of 17 years, sentences are typically less than that.

Asked in an interview in June whether he would rule out a pardon for his son, Biden answered, “Yes.”

Days later, after Hunter Biden was convicted on federal gun charges by a jury in his hometown of Wilmington, Delaware, the president said in a statement that he would respect the outcome. He then told reporters he would abide by the jury’s decision.

“I’m extremely proud of my son Hunter,” Biden said. “He has overcome an addiction. He’s one of the brightest, most decent men I know, and I am satisfied that I’m not going to do anything. I said I abide by the jury decision. I will do that, and I will not pardon him.”

Neil Eggleston, who was White House counsel to President Barack Obama, told NBC News that “if I were his White House counsel, I would encourage him to pardon his son.” He said he has not been contacted or consulted by the White House about any pardon preparations.

“The clemency power has few limitations and certainly would extend to a Hunter Biden pardon,” Eggleston said.

Eggleston’s opinion echoes that of other former Justice Department and White House officials previously involved in presidential pardons who told NBC News that they thought Biden should exercise this power in advance of the incoming Trump administration.
 
Things that did not age well
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would’ve been funnier if trump did it before him
That would have been amazing. But given Trump's reaction to this, probably a long shot. This is the time to do the 11th hour pardons, when the Party is in shambles and particularly for Hunter, before his back-to-back sentencing hearings.
 
I'm not surprised at all but the date range is intriguing

What happened between Jan 1 2014 and Dec 4 2024? Why is there a ten year period on this pardon? That's pretty damn unusual.

Is Joe afraid that the new Trump infused DoJ will uncover all the Ukraine and China corruption shenanigans? That all those million dollar "art" pieces Hunter made that was bought by CCP agents wasn't legit? That those nice cushy high paying jobs at Ukraine companies where he never even entered the country during the years he was getting paid 500K a year?

The big guy always get 10% remember. Always.
 
I wouldn't be surprised if the Trump administration turns over every rock in Ukraine and China in order to find more crimes to charge Hunter Biden with. Whatever they find might implicate Joe Biden as well. We may not have seen the end of this.
That's not how it works. Hunter is pardoned of anything that happened during those dates. Regardless of if he was charged or not, it was known or not, anything. If tomorrow you found incontrovertible proof he gave china nuclear secrets in 2015 he would still be scott free.
 
This is was a huge blunder.

Little known fact, a criminals favorite amendment, the 5th amendment protects against self incrimination.
In other words, it ceases to function when granted a pardon.
Thanks to Woodrow Wilson trying to force some Customs officials to testify in a corruption trial, Burdick v. United States grants Hunter Biden the right to reject his pardon if he wishes to retain his Fifth Amendment rights.
 
We haven’t seen a pardon as sweeping as Hunter Biden’s in generations
Politico (archive.ph)
By Betsy Woodruff Swan
2024-12-02 00:29:00GMT
Hunter Biden’s pardon looks a lot like Richard Nixon’s.

President Joe Biden’s grant of clemency on Sunday night — an extraordinary political act with extraordinary legal breadth — insulates his son from ever facing federal charges over any crimes he possibly could have committed over the past decade.

Experts on pardons said they could think of only one other person who has received a presidential pardon so sweeping in generations: Nixon, who was given a blanket pardon by Gerald Ford in 1974.

“I have never seen language like this in a pardon document that purports to pardon offenses that have not apparently even been charged, with the exception of the Nixon pardon,” said Margaret Love, who served from 1990 to 1997 as the U.S. pardon attorney, a Justice Department position devoted to assisting the president on clemency issues.

“Even the broadest Trump pardons were specific as to what was being pardoned,” Love added.

Joe Biden’s “full and unconditional pardon” of his son is deliberately vague. Donald Trump and his allies have long fixated on the president’s son, and Trump has repeatedly pledged to use his second term to investigate and prosecute members of the Biden family. Conservative commentators have engaged in parlor-game speculation that Hunter Biden could be charged with bribery, illegal lobbying or other crimes stemming from his foreign business activities and drug addiction.

So rather than merely pardoning his son for the gun crimes for which he was convicted and the tax crimes for which he pleaded guilty, the president’s pardon covers all “offenses against the United States which he has committed or may have committed or taken part in” from Jan. 1 2014, through Dec. 1, 2024. That language mirrors the language in Ford’s pardon of Nixon, which did not merely cover the Watergate scandal but extended to “all offenses against the United States” that Nixon “has committed or may have committed” between Jan. 20, 1969, and Aug. 9, 1974 — the exact span of Nixon’s presidency.

The starting date of Jan. 1, 2014, in the Biden pardon was surely not chosen randomly: Hunter Biden joined the board of Burisma Holdings, a Ukrainian gas company, in April 2014, while his father was vice president. Republicans have accused the younger Biden of illegally profiting off his position on that board.

The pardon came the day after Trump announced he would nominate Kash Patel, a Trump loyalist, as FBI director. Last year, when it appeared that Hunter Biden was on the verge of a plea deal to resolve his legal troubles, Patel criticized the deal as unusually lenient. (The deal later collapsed.)

“As a former federal public defender and national security prosecutor, this case has singularly done more damage to the institution of justice than I’ve ever seen in my life,” Patel said at the time.

Trump will not be able to undo the pardon when he takes office. And its sweeping nature means the Trump Justice Department will not be able to reopen the long-running criminal probe of the president’s son, according to Samuel Morison, a lawyer focused on clemency who spent 13 years in the Justice Department’s Office of the Pardon Attorney.

Like Love, Morison said the only comparably broad pardon he could think of was the one that went to Nixon.

“It is an extraordinarily broad grant,” he said.

While the sweeping nature of the Hunter Biden pardon is almost without peer in modern American history, in another respect it does mimic a recent precedent started by Trump himself.

In Trump’s first term, he sometimes justified pardons of his political allies by saying they were the victims of unfair prosecution — a posture that broke norms. Past presidents, Morrison said, had not generally claimed that pardon recipients were victims of miscarriages of justice; instead, they tended to emphasize that pardon recipients had accepted responsibility for their actions.

“It is to maintain trust in the criminal justice system,” Morrison added.

But Trump deviated from that norm — and on Sunday, Joe Biden followed. He justified the pardon by saying his son had been unfairly “singled out.”

“I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice,” the president said in a statement that accompanied the pardon.

Trump, for his part, is expected to harness the pardon power aggressively when he returns to office. Most notably, he has promised to pardon many of the people convicted for their roles in the attack on the Capitol of Jan. 6, 2021. In criticizing the Hunter Biden pardon on Sunday night, Trump again invoked Jan. 6 defendants, calling them “hostages.”

Morison said Trump will likely cite the Hunter Biden pardon when defending his own pardoning decisions.

“It justifies what Trump wants to do,” he said. “Now, he was going to do it anyway. But it gives him some political cover. I think some January 6 pardons are probably coming — at least some, maybe all.”
 
That's not how it works. Hunter is pardoned of anything that happened during those dates. Regardless of if he was charged or not, it was known or not, anything. If tomorrow you found incontrovertible proof he gave china nuclear secrets in 2015 he would still be scott free.
Sets a nice precedent the Trump crime family can use when their turn comes.
 
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