Biden’s decision to pardon his son is rooted in political and emotional complexities, with far-reaching implications for presidential clemency

Last week, Americans and people worldwide were stunned by the news that President Joe Biden pardoned his son, Hunter Biden. This clemency controversy was significant because Hunter Biden, a family member, contributed to the debate surrounding the pardon. The pardon ensures that Hunter will not be sentenced for his alleged crimes and will not go to prison.

The judges handling his cases will likely cancel the sentencing hearings scheduled for December 12 for the gun case and December 16 for the tax case.  Also, the President is no longer running for office. He made his no-pardon pledge before dropping out of the June presidential race. Presidential pardons in the United States have often sparked controversy; however, some decisions—such as President Biden pardoning his son—have led to more criticism than others. Constitutionally, the President can grant pardons, a power previous presidents have used.

Traditionally, US presidents dole out pardons as they leave office.

However, Joe Biden’s ‘complete and unconditional’ pardon of his son adds a layer of complexity and public scrutiny to the issue, a historical context that is important for the public to understand. It is important to understand why Joe Biden acted as he did. Joe Biden has faced many difficulties in his life.

He has faced significant personal challenges. He was caught between saving his son and the public criticism. Everyone knows that he is loyal to his family. His baby daughter and first wife died in a car accident, which also injured his sons, Beau and Hunter. Biden wanted Beau to become President, but Beau sadly died from brain cancer in 2015. This focus on the Biden family’s struggles aims to create empathy from the public. According to the American media, Biden’s second wife persuaded Joe to make a final decision.

The public reaction to the Presidential pardon is both critical and supportive. While some think it is fair, others consider it not justified. This mixed reaction from the public, as well as from Biden’s party colleagues, adds a layer of complexity to the issue. Presidents from both parties have used their pardon power, which has raised eyebrows.

George Washington used the power to pardon some people. Presidents often use their pardon powers for friends and allies. A controversial case was former President Richard Nixon, who Gerald Ford pardoned on September 8, 1974. Nixon faced possible prosecution for the Watergate scandal.

In late 1992, President George H W Bush pardoned six men implicated in the Iran-contra affair, including former Defense Secretary Weinberger. Bill Clinton, who, despite stating he would not, pardoned his half-brother Roger for past cocaine charges. Similarly, Donald Trump pardoned his son-in-law Jared Kushner’s father for tax evasion and for retaliating against a cooperating witness.

Both had already served their prison sentences.

During the latter part of his first term, Trump issued pardons to various individuals who had engaged in wrongdoing. A relieved Hunter said in a statement, “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.” 

The case against Hunter Biden has spanned several years, involving allegations of tax crimes and gun fences. He was convicted in June and pleaded guilty to tax evasion in September. Biden said Hunter was ‘selectively and unfairly prosecuted’ and pointed out that the charges were politically motivated. The immediate impact of the pardon is that it makes it harder for Democrats to criticise Trump.

Also, it has given Trump a chance to pardon people charged with the January 6 events. Biden’s change of heart after initially declaring he would not pardon Hunter had his reasons. One of them was his wife, who persuaded Biden to do so.

He stated Hunter was singled out only because Hunter was his son. President Biden has pardoned 25 individuals, none directly connected to him. Typically, presidents approve several clemency requests toward the end of the r terms. Still, The pardon “damages the public’s trust in the presidency. President Bill Clinton signed 140 pardons on January 20, 2001—his final day in office. Many lawmakers are worried about the potential bad precedent for the future.

One way of solving the problem could be to amend the Constitution. Still, it is a lengthy process, and neither party has the number to carry it through in Congress. The critics argue it could set a dangerous precedent and erode public trust in the justice system. Recent Supreme Court rulings have made it more difficult to charge a president for actions taken while in office. 

They limit the avenues for holding a president accountable for any potential misuse of the pardon power. After Hunter’s clemency, President Biden is considering granting broad pardons to protect his aides and officials. White House Press Secretary Karine Jean-Pierre stated that before leaving the White House, Biden plans to issue additional Pdonss. 

However, in his second term, Trump declared he would pardon the 2021 clash in Congress while Biden took the oath. Trump must be careful before doling out Presidential pardons if they respect public opinion.

(The writer is a popular columnist; views are personal)