More stories

  • in

    What is a presidential pardon and how has it been used in the US?

    Joe Biden’s decision to pardon his son Hunter on Sunday for any federal crimes “he committed or may have committed” between 1 January 2014 and 1 December 2024 has brought renewed focus on the expansive power the US constitution gives the president to grant official clemency.It’s a power that presidents have deployed since George Washington, who pardoned those involved in the Whiskey Rebellion, to Donald Trump, who pardoned his political allies.What is the pardon power?The presidential pardon power is explicitly outlined in the US constitution.Section 2 of article II says that the president has the power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment”. The president’s power only applies to federal crimes, not state ones. It also does not apply to cases of impeachment.The founders took the pardon power from England, where there was a longstanding tradition of the king’s ability to issue mercy pardons. There was some debate about whether Congress should be required to give approval of pardons and whether there should be an exception for treason, but Alexander Hamilton pushed the constitutional convention to include a broad pardon power solely vested in the president. “As men generally derive confidence from their numbers, they might often encourage each other in an act of obduracy, and might be less sensible to the apprehension of suspicion or censure for an injudicious or affected clemency. On these accounts, one man appears to be a more eligible dispenser of the mercy of government, than a body of men,” he wrote in Federalist no 74, one of a series of essays to promote the ratification of the constitution.When it came to treason, he argued that the president could deploy the pardon power as a tool to negotiate and unify the country. “In seasons of insurrection or rebellion, there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall,” he wrote.Bernadette Meyler, a law professor at Stanford University who studies British and US law, described it as “the one emergency power written into the constitution, other than the suspension of habeas corpus.“It’s one thing that is a concession to the idea that there might be certain unforeseen circumstances that the president would have to intervene in,” she said. “It goes along with the president’s control also over the army and navy and military power because, in the context that it was being contemplated, it was really being thought about as another tool within the ability to control domestic unrest.” How has the pardon power been used?George Washington issued the first pardons in 1795 to two men who were involved in the Whiskey Rebellion, a violent uprising in Pennsylvania to protest a tax on whiskey and other alcohol products by the nascent federal government.A key moment in the pardon power came after the civil war, when president Andrew Johnson issued “a full pardon and amnesty” to any person “who, directly or indirectly, participated in the late insurrection or rebellion” during the civil war. This and similar pardons around the same time led the US supreme court to interpret the pardon power to allow the president to grant broad amnesty to a group of people and not just for specific crimes already committed, Meyler said.After Richard Nixon resigned the presidency in the 1970s after Watergate, Gerald Ford issued a full and unconditional pardon for any crimes.In 1977, Jimmy Carter issued a mass pardon for those who had dodged the draft for the Vietnam war. At the end of his term in 1992, George HW Bush pardoned six people involved in the Iran-Contra affair, including the former defense secretary Caspar Weinberger.In his last day in office in 2001, Bill Clinton pardoned his half-brother and gave an extremely controversial pardon to Marc Rich, a fugitive convicted of financial crimes whose ex-wife had been a major donor to Democrats and the Clinton campaign. Barack Obama granted clemency to more than 1,700 people while in office, including hundreds who had been convicted of non-violent drug offenses.Who did Donald Trump pardon?Trump did not hesitate to use the pardon power during his presidency to help political allies. He pardoned Charles Kushner, the father of his son-in-law Jared. The elder Kushner had pleaded guilty years earlier to tax evasion and witness tampering (Trump has now tapped him to be ambassador to France).He pardoned his political adviser Steve Bannon, who faced charges of defrauding donors on a charity related to building a wall at the southern border. He also pardoned Paul Manafort, who served as a top official on his 2016 campaign, and Trump ally Roger Stone.Trump pardoned the former New York City police commissioner Bernard Kerik, the conservative personality Dinesh D’Souza, and Elliott Broidy, a major Republican donor. He also pardoned the rapper Lil Wayne and Alice Marie Johnson, a woman who had spent decades in prison for drug offenses but earned considerable attention after Kim Kardashian took on her cause.Trump has said he will issue a mass pardon for those involved in the January 6 attacks, a move that would end years of work by the justice department to investigate and criminally prosecute those involved in the attacks.Do other countries have a pardon power?The power to pardon is one that widely exists around the world, said Andrew Novak, a professor at George Mason University who is the author of Comparative Executive Clemency: The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective.But the United States is somewhat unique in allowing its chief executive the ability to pardon without having to get input or sign-off from others.“Biden can grant a pardon without input from anybody, which is much more of like a medieval English king conception of the pardon power, which is kind of ironic,” he added. “We have kind of an old-fashioned conception of the pardon power, at least generally.”“Having this unlimited pardon power that’s more similar to like 1700s England than it is to the current state of affairs in the western world,” he added. “In most countries in Europe, and the comparators in the developed world, they require input from someone else.” That requirement for input, Novak said, can somewhat limit a pardon being used to serve political or personal interests, the way it can be used in the US.Many countries also don’t allow for a pardon before conviction, Novak said, and there has been a movement over the last few decades in other countries for more transparency to ensure that proper processes are followed.About half of constitutions around the world limit the pardon power to something that can only occur after conviction, are only for specified offenses, or require an executive to consult others, Novak said. It’s uncommon for countries to have a ban on self-pardoning or pardoning a family member, he added.“Maybe it’s not common because the circumstance doesn’t arise very often,” he said. “The pardon power has always been a corruption risk going back to medieval times and can be used for many forms of self-dealing, like shielding one’s close associates or supporters.”The US founders understood impeachment to be an important check on the pardon power, Meyler said. “As we’ve seen it’s extremely hard to actually convict on an impeachment so that has proved to be really a fictional limitation on the president’s power.” More

  • in

    Joe Biden criticized by some supporters for pardoning son Hunter: ‘Selfish move’

    Joe Biden has been criticised by some of his own supporters for issuing a pardon to his son Hunter that he had previously sworn not to give.The president’s volte face drew predictable fire from Republicans, led by the president-elect, Donald Trump, who used it to raise the case of the jailed ringleaders of the 6 January 2021 assault on the US Capitol, who he has suggested he will pardon when he returns to the White House.“Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?” Trump wrote on his Truth Social platform.Yet it was condemnation from fellow Democrats – some of whom said he had handed Trump justification for his own use of the presidential pardon power – that seemed likely to carry greater sting.Jared Polis, the Democratic governor of Colorado, said Biden had risked his own reputation and legacy.“While as a father I certainly understand President @JoeBiden’s natural desire to help his son by pardoning him, I am disappointed that he put his family ahead of the country,” Polis posted on X.“This is a bad precedent that could be abused by later Presidents and will sadly tarnish his reputation.“When you become President, your role is Pater familias of the nation. Hunter brought the legal trouble he faced on himself, and one can sympathize with his struggles while also acknowledging that no one is above the law, not a President and not a President’s son.”Hunter Biden was convicted by a court in Delaware last June of lying on a gun licence application at a time when he was addicted to cocaine. He was later convicted of separate tax evasion charges in a court in California.He was scheduled to be sentenced for both convictions in hearings this month.Biden justified his pardon by insisting that Hunter’s prosecutions had been driven by “raw politics” and would not have been pressed had his father not been president.That interpretation was rejected by Greg Stanton, a Democratic House member for Arizona.“I respect President Biden, but I think he got this one wrong,” he posted on social media.“This wasn’t a politically-motivated prosecution. Hunter committed felonies, and was convicted by a jury of his peers.”There was further condemnation from Michael Bennet, a Democratic senator for Colorado, who was prominent among those calling for Biden to step aside as the party’s presidential nominee last summer following a bad debate performance.“President Biden’s decision put personal interest ahead of duty and further erodes Americans’ faith that the justice system is fair and equal for all,” he wrote on X.Peter Welch, a Democratic senator for Vermont, said the pardon was “as the action of a loving father, understandable – but as the action of our nation’s Chief Executive, unwise”.In similar vein, Greg Landsman, a Democratic congressman for Ohio, posted: “As a father, I get it. But as someone who wants people to believe in public service again, it’s a setback.”Joe Walsh, an anti-Trump former Republican congressman who endorsed Biden for president, called the pardon deflating because it enabled Trump to validate his own much-criticised pardons of friends and supporters.skip past newsletter promotionafter newsletter promotion“This just furthers the cynicism that people have about politics,” he told MSNBC. “That cynicism strengthens Trump because Trump can just say: ‘I’m not a unique threat. Everybody does this. If I do something for my kid, my son-in-law, look, Joe Biden does the same thing.’ I get it, but this was a selfish move by Biden which politically only strengthens Trump.”In the Atlantic magazine, Jonathan Chait argued that the president had undermined the democratic values that he had previously championed.“Principles become much harder to defend when their most famous defenders have compromised them flagrantly,” he wrote.“With the pardon decision, like his stubborn insistence on running for a second term he couldn’t win, Biden chose to prioritize his own feelings over the defense of his country.”Some Democrats leaped to Biden’s defence.“Hunter. Here’s the reality. No US [attorney] would have charged this case given the underlying facts,” Eric Holder, an attorney general under Barack Obama, wrote on X.“Had his name been Joe Smith the resolution would have been – fundamentally and more fairly – a declination. Pardon warranted.”Jasmine Crockett, a Texas member of the House of Representatives, went further, saying: “Let me be the first to congratulate the president.”“At the end of the day, we know that we have a 34-count convicted felon that is about to walk into the White House,” she told MSNBC, referring to Trump’s conviction by a New York court on document falsification charges relating to hush money paid to a porn actor.Alluding to allegations against several of Trump’s cabinet nominees, she added: “For anyone that wants to clutch their pearls now because [Biden] decided that he was going to pardon his son, I would say take a look in the mirror because we also know that … this cabinet has more people accused of sexual assault than any incoming cabinet probably in the history of America.”Sarah Longwell, another anti-Trump Republican strategist who endorsed Kamala Harris’s presidential bid, wrote: “‘Trump is worse’ is never a good argument to justify bad behavior.“Biden knows it’s wrong. That’s why he committed over and over to not doing it. It doesn’t make him the same as Trump. It doesn’t erase how singularly corrupt Trump’s current appointments are. It’s simply wrong and we should say so, lest we forget that right and wrong still exist and awareness of it matters in our President.” More

  • in

    Trump uses Hunter Biden pardon to hint potential clemency for January 6 insurrectionists

    Donald Trump seized on Hunter Biden’s pardon to drop one of his strongest hints yet that he intends to grant clemency to at least some of the instigators and participants of the January 6 attack on the US Capitol by a mob trying to overturn his 2020 election defeat.“Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years? Such an abuse and miscarriage of Justice!” the US president-elect posted on his Truth Social platform.It was the latest in a series of supportive comments by Trump on behalf of those convicted for their part in the onslaught, which resulted in the deaths of five people at the time. Additionally, four police officers involved in trying to beat back the rioters killed themselves in the days and months after the attack.Now the granting of a pardon by the sitting president, Joe Biden, to his son appears to have been taken by Trump as a fresh justification.The 2021 assault spawned one of the biggest criminal investigations in US history, resulting in federal charges being filed against nearly 1,500 people. About 1,000 have either been found guilty or pleaded guilty.The investigation is ongoing. The FBI said last month it was seeking nine people in connection with violent assaults on police officers on the day.Despite the seriousness of the offences, Trump has been publicly itching for months to act on behalf of those imprisoned, whom he has labelled “hostages” and “political prisoners”.In March, he wrote that one of his first acts in office, if re-elected, would be to “Free the January 6 Hostages being wrongfully imprisoned!”He has repeated the vow several times, including in an appearance at the National Association of Black Journalists in July, when asked if he would grant a pardon.“Oh, absolutely, I would. If they’re innocent, I would pardon them,” he said.But he has stopped short of promising a blanket pardon. “I can’t say for every single one, because a couple of them, probably they got out of control,” he told CNN.Some of those convicted and given the longest sentences did not take part in the violence inside the Capitol but were convicted of seditious conspiracy and other charges connected with organising the attack. They include Stewart Rhodes, founder of the Oath Keepers, a far-right militia group, and Enrique Tarrio, leader of the Proud Boys, which has been described as a neo-fascist organisation that promotes political violence.Whatever distinctions Trump and his campaign team have in mind, there is little question that hopes are high among many of those in custody that a pardon could be forthcoming.Lawyers for Joe Biggs, a Proud Boys member given a 17-year prison sentence last year after being convicted of a spate of crimes including seditious conspiracy and intimidation or threats to prevent officers from discharging their duties, have said they would be requesting a pardon.Biggs claimed at his trial that he was following Trump’s orders.Lawyers for several of those convicted have unsuccessfully sought to delay sentencing hearings since Trump won last month’s presidential election, on the basis that clemency might be at hand.Among those incarcerated, at least one has little doubt about the prospects of imminent freedom.Jake Lang, who is charged with several offences, including charging police officers, posted in celebratory fashion on social media after Trump’s election win, the BBC reported.“COMING HOME!!!!,” he wrote. “THE JANUARY 6 POLITICAL PRISONERS ARE FINALLY COMING HOME!!!!” More

  • in

    Biden pardons his son, Trump will absolve his criminal allies. America shouldn’t stand for this | Simon Jenkins

    The hypocrisy is breathtaking. Yes, any father might do the same for a son. Yes, the boy is reformed, forgiven, on the mend. Only nasty people are out to jail him. Live and let live. Yet there is something monumental in the pardon granted by the outgoing US president, Joe Biden. Six months ago, he scored political points by denying he would pardon his son Hunter Biden. Now, with the election over, he has done so.The easy response is: what is new? President Gerald Ford pardoned his predecessor, Richard Nixon; Bill Clinton pardoned his half-brother and other figures whose families had donated to the Democrats; Donald Trump pardoned his son-in-law’s father and dodgy aides galore. No one doubts that, as president, Trump will pardon a number of outrageous figures – perhaps even the Capitol Hill rioters of 2021. We wait to see if this includes trying to pardon himself from various pending prosecutions (though he cannot extend these powers to cases brought at state level).Biden can plead a measure of justice in that Hunter Biden’s relatively minor convictions – for tax evasion and lying about his drug use when buying a gun – were frantically pursued by his political foes. But then there was a similar grain of politics in the equally frantic prosecution of Trump’s business misdeeds by the Democratic authorities in New York. The front page of the New York Times went tabloid and gleefully shrieked: “GUILTY”.Cynics – or as they might say, realists – will reassure themselves that all this will be soon forgotten, as it was in the past. Across the landscape of US crime and punishment – aspects of which still border on frontier anarchy – these are peccadilloes. More important issues beckon from a new Trump presidency.But justice is a universal liberty, one that the US purports to champion around the world. That a nation’s executive claims the right – even constitutionally – to override justice must be wrong. The US constitution is built on explicit rights and freedoms, protected by a separation of powers. The ostensive purpose of article two, section two was to strengthen the president in handling the union’s army and state militias. It was not to condone crime. It has been grossly abused. During the election, the Democrats presented themselves as the guardians of morality, with Biden praising Kamala Harris for having the “moral compass of a saint”. In reneging on his promise, Biden has undermined this.The US constitution is a thing of wonder. It has held the union together – sometimes only just – for two and a half centuries, while global nations and empires have been upheaved and disintegrated. Its survival is rooted in two underlying principles. The first is respect for the rights of often very different states to order their local laws, such as on abortion and gun control. The second is a balanced separation of federal powers between the judiciary, executive and legislature. This separation, in what is today a deeply polarised American society, clearly needs strengthening.But how? The constitution’s final task was to make its own reform near impossible. Sometimes, just sometimes, such reforms have been achieved. Presidential pardon looks like a case for change.

    Simon Jenkins is a Guardian columnist

    Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here. More

  • in

    Joe Biden issues pardon for son Hunter as Trump rails against ‘miscarriage of justice’ – US politics live

    President-elect Donald Trump has pledged to pardon those convicted after storming the US Capitol in Washington on January 2021 and took the opportunity to raise the issue.“Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?“Such an abuse and miscarriage of Justice!” Trump said in a post on his Truth Social social media platform.A loving act of mercy by a father who has already known much sorrow? Or a hypocritical political manoeuvre reminiscent of his great foe? Maybe both can be true.Joe Biden’s announcement on Sunday that he had pardoned his son Hunter, who is facing sentencing in two criminal cases, is likely to have been the product of a Shakespearean struggle between head and heart.On the one hand, Biden is one of the last great institutionalists in Washington. “From the day I took office, I said I would not interfere with the Justice Department’s decision-making,” he said in an unusually direct and personal statement on Sunday. To undermine the separation of powers goes against every fibre of his political being.On the other hand, Biden is nothing without family. His speeches are peppered with references to his parents. As a senator, he once took a train from Washington to Wilmington, Delaware, so he could blow out the candles on a birthday cake for his eight-year-old daughter, Ashley, at the station, then cross the platform and take the next train back to work.Biden was profoundly shaped by the death of his first wife, Neilia Hunter Biden, and 13-month-old daughter Naomi in a car accident and, much later, the death of his son Beau from brain cancer. In that context, Hunter’s status as the first child of a sitting president to face criminal charges will have pained his father in what Ernest Hemingway called “the broken places”.Read my full analysis below
    Today, I signed a pardon for my son Hunter. From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted. Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions. It is clear that Hunter was treated differently.
    The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.
    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. 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.
    For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded. Here’s the truth: 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.
    Hunter Biden issued a statement following his father’s announcement“I have admitted and taken responsibility for my mistakes during the darkest days of my addiction – mistakes that have been exploited to publicly humiliate and shame me and my family for political sport,” Hunter Biden said in a statement on Sunday, adding he had remained sober for more than five years.“In the throes of addiction, I squandered many opportunities and advantages … I will never take the clemency I have been given today for granted and will devote the life I have rebuilt to helping those who are still sick and suffering.”Hello and welcome to our live coverage of US politics.On Sunday night, before boarding a plane to Angola, US president Joe Biden issued a pardon to his son Hunter – something he had repeatedly said he would not do.Biden said he hoped the American people would understand his decision to issue the pardons over convictions on federal gun and tax charges.“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,” he said.Hunter Biden was scheduled to be sentenced for his conviction on federal gun charges on 12 December.He was scheduled to be sentenced in the tax case four days later. Joe Biden is just weeks away from leaving office. More

  • in

    With his pardon of son Hunter, Joe Biden delivers a heartfelt hypocrisy

    A loving act of mercy by a father who has already known much sorrow? Or a hypocritical political manoeuvre reminiscent of his great foe? Maybe both can be true.Joe Biden’s announcement on Sunday that he had pardoned his son Hunter, who is facing sentencing in two criminal cases, is likely to have been the product of a Shakespearean struggle between head and heart.On the one hand, Biden is one of the last great institutionalists in Washington. “From the day I took office, I said I would not interfere with the Justice Department’s decision-making,” he said in an unusually direct and personal statement on Sunday. To undermine the separation of powers goes against every fibre of his political being.On the other hand, Biden is nothing without family. His speeches are peppered with references to his parents. As a senator, he once took a train from Washington to Wilmington, Delaware, so he could blow out the candles on a birthday cake for his eight-year-old daughter, Ashley, at the station, then cross the platform and take the next train back to work.Biden was profoundly shaped by the death of his first wife, Neilia Hunter Biden, and 13-month-old daughter Naomi in a car accident and, much later, the death of his son Beau from brain cancer. In that context, Hunter’s status as the first child of a sitting president to face criminal charges will have pained his father in what Ernest Hemingway called “the broken places”.Hunter was convicted this summer of lying about his drug use when he bought a gun. Joe Biden categorically ruled out a pardon or commutation for his son, telling reporters: “I abide by the jury decision. I will do that and I will not pardon him.” Hunter also pleaded guilty in a separate tax evasion trial and was due to be sentenced in both cases later this month.Biden reportedly spent months agonising over what to do. The scales were almost certainly tilted by Donald Trump’s victory in last month’s presidential election. The prospect of leaving Hunter to the tender mercies of Trump’s sure-to-be politicised, retribution-driven justice department was too much to bear. Biden typically takes advice from close family and is likely to have reached the decision after talking it over during what was an intimate Thanksgiving weekend.“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,” the president said in a statement, calling it “a miscarriage of justice”.He added: “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.”Joe Biden’s defenders will certainly contend that, if Hunter had been an ordinary citizen, the gun case would not have come this far, and his father was simply righting that wrong. Republicans spent years hyping investigations into Hunter that failed to produce a shred of evidence linking his father to corruption.Eric Holder, a former attorney general, wrote on social media that no US attorney “would have charged this case given the underlying facts. After a five-year investigation the facts as discovered only made that clear. Had his name been Joe Smith the resolution would have been – fundamentally and more fairly – a declination. Pardon warranted.”It was also noted that this is hardly the first time pardons have smacked of nepotism. Bill Clinton as president pardoned his half-brother for old cocaine charges, and Trump pardoned the father of Jared Kushner, his son-in-law, for tax evasion and retaliating against a cooperating witness, though in both cases those men had already served their prison terms. Trump also used the dog days of his first presidency to pardon the rogues’ gallery of Steve Bannon, Michael Flynn, Paul Manafort and Roger Stone.And yet for many Americans there will be something jarring about the double standard of a president pardoning a member of his own family ahead of numerous other worthy cases. Republicans in the House of Representatives naturally pounced with more hyperbole about the “Biden crime family”.But there were also more thoughtful objections. Jared Polis, the Democratic governor of Colorado, wrote on social media: “While as a father I certainly understand President Joe Biden’s natural desire to help his son by pardoning him, I am disappointed that he put his family ahead of the country. This is a bad precedent that could be abused by later Presidents and will sadly tarnish his reputation.”Joe Walsh, a former Republican congressman turned Trump critic, said on the MSNBC network: “Joe Biden repeatedly said he wouldn’t do this so he repeatedly lied. This just furthers cynicism that people have about politics and that cynicism strengthens Trump because Trump can say, ‘I’m not a unique threat. Everybody does this. If I do something for my kid, my son-in-law, whatever, look, Joe Biden does the same thing.’ I get it but this was a selfish move by Biden, which politically only strengthens Trump. It’s just deflating.”The Trump context is impossible to ignore in this moral maze. Next month he will become the first convicted criminal sworn in as president, though three cases against him have all but perished. He is already moving to appoint loyalists to the FBI and justice department.Michelle Obama once advised, when they go low, we go high. On Sunday Joe Biden, 82 and heading for the exit with little to lose, decided to go low. Perhaps it was what any parent would have done. More

  • in

    Joe Biden issues ‘full and unconditional’ pardon to son Hunter

    Joe Biden has issued “a full and unconditional” pardon to his son Hunter Biden covering convictions on federal gun and tax charges, the US president said in a statement released by the White House on Sunday.The decision marks a reversal for the president, who had repeatedly said he would not use his executive authority to pardon his son or commute his sentence.Hunter Biden was scheduled to be sentenced for his conviction on federal gun charges on 12 December. He was scheduled to be sentenced in the tax case four days later.In the statement, Joe Biden said that he had long maintained that he would “not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted”.But, he argued, “it is clear that Hunter was treated differently”, adding that the charges in the case “came about only after several of my political opponents in Congress instigated them to attack me and oppose my election”.Hunter Biden was found guilty in Delaware in June on three felony counts relating to his purchase of a handgun in 2018. He had written on his gun-purchase form, falsely, that he was not a user of illicit drugs.He pleaded guilty to nine federal tax charges in Los Angeles in September, opting for an “open” plea, where a defendant pleads guilty to the charges and leaves his sentencing fate in the hands of the judge.The tax charges carried up to 17 years behind bars and the gun charges were punishable by up to 25 years, though federal sentencing guidelines were expected to call for far less time and it was possible the president’s son would have avoided prison time entirely.The pardon covers all “offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024, including but not limited to all offenses charged or prosecuted”.Joe Biden said on Sunday evening that his son had been prosecuted when “without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form”.He noted in the statement that “those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions”.Biden accused his political opponents of singling out his 54-year-old son.“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,” he said.“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 departed for Angola later on Sunday evening for what may be his last foreign trip as president before leaving office.Speculation had been mounting that the president would issue a pardon since Hunter was seen with his father in Nantucket over the Thanksgiving break.Donald Trump had said in October that he would not be surprised if Hunter Biden were to receive a pardon.skip past newsletter promotionafter newsletter promotion“I wouldn’t take it off the books,” Trump said. “See, unlike Joe Biden, despite what they’ve done to me, where they’ve gone after me so viciously … And Hunter’s a bad boy.”On Sunday, Trump reacted with outrage, writing on his social network: “Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years? Such an abuse and miscarriage of Justice!” Just one day earlier, though, Trump had reminded Americans that he himself had previously used the pardon power to wipe away convictions of those close to him. In his final weeks in office, Trump pardoned Charles Kushner, the father of his son-in law, Jared Kushner, as well as multiple allies convicted in special counsel Robert Mueller’s Russia investigation. On Saturday, Trump announced plans to nominate the elder Kushner to be the US ambassador to France.Republicans have long zeroed in on Hunter Biden’s difficulties – questions around lucrative foreign consultancies, broken relationships and a crack cocaine addiction – in an effort to politically damage his father.A laptop Hunter Biden left in a Delaware repair shop that made its way into Republican hands formed a scandal in the closing days of the 2020 election. Republicans claimed that the so-called “laptop from hell”, which featured images of Hunter posing with guns, sex workers and crack cocaine, was suppressed by media favorable to Democrats.Hunter Biden later published a book, Beautiful Things: a Memoir, that detailed his struggles as a drug addict. The Biden family denied more serious accusations that Hunter’s profitable financial arrangements with businesspeople in Ukraine and China amounted to graft using the family name.James Comer, one of the Republicans leading congressional investigations into Biden’s family, denounced the pardon. “The charges Hunter faced were just the tip of the iceberg in the blatant corruption that President Biden and the Biden Crime Family have lied about to the American people,” Comer wrote on X. “It’s unfortunate that, rather than come clean about their decades of wrongdoing, President Biden and his family continue to do everything they can to avoid accountability.”“I have admitted and taken responsibility for my mistakes during the darkest days of my addiction – mistakes that have been exploited to publicly humiliate and shame me and my family for political sport,” Hunter Biden said in a statement on Sunday, adding he had remained sober for more than five years.“In the throes of addiction, I squandered many opportunities and advantages … I will never take the clemency I have been given today for granted and will devote the life I have rebuilt to helping those who are still sick and suffering.”Hunter Biden’s legal team filed Sunday night in both Los Angeles and Delaware asking the judges handling his gun and tax cases to immediately dismiss them, citing the pardon.In the statement announcing the pardon, Joe Biden said that for his “entire career” he had followed a simple principle: to tell the truth to the American people.“Here’s the truth: 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.”Associated Press and Reuters contributed to this report. More