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A presidential power used and abused

Presidential pardons in the United States have often been controversial. Still, some decisions, like President Joe Biden pardoning his son Hunter, have led to more criticism than others.

A presidential power used and abused

US president, Joe Biden’s son, Hunter Biden (Photo: Reuters)

Presidential pardons in the United States have often been controversial. Still, some decisions, like President Joe Biden pardoning his son Hunter, have led to more criticism than others. The pardon means that Hunter will not be sentenced for his 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. Constitutionally, the President can grant pardons and previous presidents have used this power.

Traditionally, US presidents dole out pardons as they leave office. However, Biden’s ‘complete and unconditional ‘ pardon of his son adds a layer of complexity and public scrutiny to the issue. It is essential to understand why President Biden acted as he did. He was caught between saving his son and public criticism. Everyone knows that he is loyal to his family. He has faced significant personal challenges. His baby daughter and first wife died in a car accident, which also injured his sons, Beau and Hunter. Hunter has faced many difficulties in his life as well. 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 wife persuaded Joe to make a final decision. The public reaction to Biden’s pardon is both critical and supportive. While some think it is fair, others consider it unjustified. The American media also exhibits the same kind of mixed reaction. Biden’s supporters justify it, though some of his party colleagues are upset. Presidents from both parties have used their pardon power, which has raised eyebrows. George Washington used the power to pardon some people. In late 1992, President George H. W. Bush pardoned six men implicated in the Iran-contra affair, including former Defense Secretary Weinberger. Bill Clinton, despite stating he would not, pardoned his half-brother Roger for past cocaine charges.

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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. President Gerald Ford announced his decision to pardon former president Richard Nixon fifty years ago. 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 criticize Trump. President-elect Trump plans to pardon people charged with the January 6 events. Analysts also claim that such pardons could undermine the US democratic system, Presidents often use their pardon powers for friends and allies. A controversial case was former President Richard Nixon, who Gerald Ford pardoned on 8 September 1974.

Nixon faced possible prosecution for the Watergate scandal. President Biden has pardoned 25 individuals, none directly connected to him. Typically, presidents approve several clemency requests toward the end of their terms. Still, a pardon “damages the public’s trust in the presidency.” For instance, President Bill Clinton signed 140 pardons on 20 January 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. But this is a lengthy process, and neither party has the numbers to carry it through Congress.

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 plea deal, 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 pardons.

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