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.
 
Didn't he get pinched for lying on a firearms form and evading taxes. He'd be considered a saint by the right if his last name wasn't Biden.

I said myself earlier that I didn't really care about the things he was charged with. The hypocrisy and getting away with it because of his connections is harmful but only that. I care far more that it's an open pardon for a period of eleven years meaning that even if charges are brought over the gross money-laundering in Ukraine that he was involved with, he can't be punished for them. And it helps shut down investigation into the other people involved therefore.
 
So now I'm suddenly seeing stories about the people Trump pardoned and ashamed to say I never really followed it. I'm sure it's a mixed bag - like the the Bannon conviction looked to me very probably politically motivated, but reading about Charles Kushner, it says one of his charges was "retaliation against a witness" and that his retaliation was hiring a prostitute to sleep with the witnesses' husband and film it and show it to the witness. Oh, and the witness was his sister.

The fuck? Is this real?
 
I love how quickly shitlibs stopped caring about muh crimes and muh democracy lmao

You never get to take up your little moral high horses ever again after this shitshow. You're scum, you elect scum and you protect scum.

The Left has completely abandoned any semblance of morality or ethics

If it works it's good. Doublethink is now a built in feature of Democratic logic.

On the plus side the lefties and their proggie allies will lose the support of Jon Q Public over time. You can't consistently be openly hypocritical and claim your the good guy and not have it ring false.
 
I liked that news guy saying this was like Sophie’s choice.
For those who don’t know the “choice” in that movie was picking which child to send to the gas chamber.
 
Well there we go.. the precedent this sets is going to be... ugly! One more step towards the position of PotUS becoming a de-facto elected king.

The only bright side of this is that coming this early AND ahead of a Trump admin, means there might be enough outrage and fear to start to wind down a lot of the extra constitutional/legal powers the PotUS has accumulated over the centuries and especially decades. From executive orders to stuff like this.

Would also be a nice time to talk about limitations on the original executive branch powers to help make, sign and support treaties unsupervised by congress and the courts, in an era of international agreements that try to dictate far more than the framers ever imagined. Down into every aspect of personal life.
 
He's better than some fucker that incited his diehard followers to raid the capital and yet he refused to pardon a single one of them
if you went to the capital to protest because a politician told you to you're a retard and i laugh at your misfortune. boomers should keep their grey man larping confined to Waffle House and Walmart
 
So now I'm suddenly seeing stories about the people Trump pardoned and ashamed to say I never really followed it. I'm sure it's a mixed bag - like the the Bannon conviction looked to me very probably politically motivated, but reading about Charles Kushner, it says one of his charges was "retaliation against a witness" and that his retaliation was hiring a prostitute to sleep with the witnesses' husband and film it and show it to the witness. Oh, and the witness was his sister.

The fuck? Is this real?
Yep, Mr. Kushner was hilarious.
 
I know it would be pointless, but I do think Republicans should use this to impeach Biden before he leaves office. Turnabout is fair play after all, maybe even pass some bullshit law to try to deny Sleepy Joe the opportunity to be commemorated.
Impeaching Biden would martyr him especially since they just don't have the votes to convict. Plus it gives Harris a super brief tenure as President which a lot of liberals want combined with who knows what kind of hellfire shed unleash upon her enemies in the few days she would have power as President.
 
SCOTUS gets full goodboy points autistic when they reach the boundaries of the Separation of Powers, and they rule that you don't get to add jack shit without an Amendment.
It's self protection.
This is far more valuable to Trump as a weapon to force Hunter to testify. He can be charged with obstruction of justice if he does not testify and perjury if he does not tell the truth. He can no longer plead 5th amendment protections and that is worth more than trying to take this pardon to the Supreme Court.

What it doesn't say is "for Offences committed against the United States" which is why it's read as 'anything that could arguably be an offence, can be pardoned' because it's an explicit grant of power.

I'll spoil my response for people who don't care

Burdick v. United States, 236 U.S. 79 (1915), was a case in which the Supreme Court of the United States held that:

A pardoned person must introduce the pardon into court proceedings, otherwise the pardon must be disregarded by the court.

To do that, the pardoned person must accept the pardon. If a pardon is rejected, it cannot be forced upon its subject.

It's ruled in Burdick v. United States that a pardon must be introduced into court proceedings. If there are no court proceedings, there is no pardon. You can't be pardoned for hypothetical crimes, because it's not an offence until it happens.

I believe both the Nixon and Hunter Biden pardons are unconstitutional but unchallenged. The bottom line is that the President must be aware of the offence against the United States being pardoned.


I've attached an autistic legal opinion that does into much more detail but the TLDR is this:

1) Nixon + Biden's pardons are the only two times in US history where a blanked pardon for unknown offenses occurred and there has never been a Supreme Court decision on the issue.

2) The US government can't accuse or charge people with unknown or non-specific crimes. Therefore there is no "offence" against the US until a specific accusation is made.

3) There are hundreds of years of English common-law precedence for pardons being void if the king was deceived or not aware of some aspects of the crime being pardoned.

4) The president has power to grant pardons to specific groups of people, or for specific classes of offenses, but every single pardon in US history (except Nixon and Biden) has been limited to a class of specific and publicly known offenses (i.e. specific events or actions). The Confederates as a group were granted a pardon for insurrection/treason, but the pardon didn't cover rapes/murders/war crimes committed by individual confederates. President Madison pardoned pirate Jean Lafitte and anyone who helped him defend New Orleans, but only for piracy-related offenses specifically.

5) There is no precedent in US case law that covers blanket pardons for "may have committed or taken part in" offences or for blocks of time rather than specific events. Logically the Executive branch doesn't have the power to criminally accuse people of non-specific crimes, therefore it does not have the power to grant them relief from offences they haven't been accused of.

I agree, but I’m supposed to be outraged at Biden’s drug addict, non-governmental employee son getting a pardon?
But when Jared Kushner’s dad get’s the same - AND is given a job on top of that, there’s cricket chirps.
The theatrical pearl clutching looks even more hollow.

It's not theatrical pearl clutching. Charles Kushner went to prison for financial crimes and was pardoned after he served his sentence. That is a hell of a lot different from Hunter evading any punishment at all for everything from molesting his underage niece to facilitating public corruption. They are not the same.
 

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This Hunter Biden shit feels like a distraction. We still have 50 days until there is an exchange of power. THAT is what I am concerned about. Not “muh hypocrisy” or “imagine if a republican did this”.

Please pray and hope that we aren’t involved in WW3 for the next 50 days. I fully expect them to make Trump’s ascension and job as difficult as possible with multiple traps scattered like jacks everywhere. But if they block his entry entirely, that’s check on this country.
The fact that the pardon spans to the end of the year fears me with dread that Hunter will have one last task for dear old dad: murder Trump (say at the reopening of Notre Dame in a couple of days in France).
 
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