ReutersUS President Joe Biden has issued a presidential pardon to his son Hunter, who is facing sentencing for two criminal cases.
The move was controversial because Biden’s senior leadership had previously ruled out such a move. However, he argued that the cases against his son were politically motivated.
His use of the pardon power continues a tradition of presidents on both sides of America’s political divide of granting clemency to those close to them.
What did Hunter Biden do?
Hunter Biden is awaiting sentencing later this month in two federal cases.
In June, he became the first child of a sitting US president to be criminally convicted – in a case involving his administration. gun ownership. He was convicted by a jury in Delaware of three counts for lying about drug use on a form when purchasing a handgun.
He is also awaiting sentencing after pleading guilty in September in federal court. tax case that focuses on whether he paid enough taxes from 2016-19. The nine charges include failure to file and pay taxes, tax evasion and false declaration.
Experts told the New York Times that he faces up to 25 years in prison in the gun case and 17 years in the tax case, although he is likely to receive a much lower tax rate and must serve two sentences at the same time.
What is a presidential pardon?
The US Constitution provides that the president has “broad power to grant pardons for offenses against the United States, except in cases of impeachment”.
In this case, the president’s “full and unconditional pardon” covers any potential federal crimes the younger Biden may have committed between January 2014 and December 2024.
A pardon represents a legal pardon, ending any further punishment and restoring rights such as being able to vote or run for public office.
Although the amnesty power is considered broad, it is not unlimited. For example, the president can only issue pardons for federal crimes.
This issue is relevant because there is a question mark over the sentencing of Donald Trump in his New York hush money case. He won’t be able to pardon himself in that state case when he returns to the White House in January.
How many pardons have been issued by other presidents?
There is longstanding precedent for American presidents on both sides of the political divide to issue pardons — including those close to them. This is the 26th amnesty issued by Bidena member of the Democratic Party.
In 2020, Trumpa Republican, pardoned Charles Kushner, the father-in-law of his daughter Ivanka. Kushner was sentenced to two years in prison in 2004 for crimes including tax evasion, campaign finance violations and witness tampering.
And in 2001, Bill Clintonpardoned his half-brother, Roger Clinton, for cocaine charges from 1985.
In both cases, amnesty is given to those who have served their sentences. President Biden’s intervention in his son’s case came before the sentencing.
According to the Pew Research Center, Trump issued 237 clemency orders during his four years in the White House, including 143 pardons and 94 commutated sentences. Many people were confused before he left office.
That’s significantly less than its predecessor Barack Obamawho during his eight years on the job issued 1,927 acts of clemency, according to Pew. This is 1,715 commutations of sentences and 212 pardons.
What did Trump say about amnesty?
Trump was among those who attacked Biden over the move, which he described as an “abuse and miscarriage of justice”.
The incoming president asked if Biden would also pardon those indicted in the riot on January 6, 2021 – when Trump supporters rioted at the US Capitol building in an attempt to stop hinder the certification of the 2020 election results.
Trump, who faced a series of legal problems when he left the White House, has repeatedly made accusations that the US justice system has been weaponized against him and his supporters.
He promised to grant amnesty to rioters in Washington. But exactly who will receive clemency and whether it will apply to those convicted of the most serious and violent crimes remains an open question.
