In a move that has surprised many, US President Joe Biden has issued a sweeping pardon for his son, Hunter Biden, reversing his earlier promise not to intervene in his son’s legal troubles.
The pardon, announced on Sunday, covers Hunter Biden’s convictions for gun and tax offences, as well as any other federal offences committed or potentially committed between 1 January 2014 and 1 December 2024.
Joe Biden, who had previously stated that he would not interfere with Department of Justice proceedings, defended his decision by arguing that his son was “selectively and unfairly prosecuted” by political opponents.
What is a presidential pardon?
Under the US Constitution, the president has the power to grant clemency, which can include pardons and commutations. A pardon forgives federal crimes entirely, while a commutation reduces penalties without erasing the conviction. The President may choose to pardon the full sentence or a portion of it.
The power, derived from English law, is broad, allowing presidents to address various offences. However, it is limited to federal crimes and does not cover state offences or impeachment convictions.
Presidents frequently use this power. Barack Obama granted clemency 1,927 times during his two terms, while Donald Trump issued 237 acts of clemency during his presidency.
How powerful is a presidential pardon?
A presidential pardon is all-powerful and can be granted to any person. However, the US Constitution does state that a presidential pardon can’t be used to save himself or any other official from impeachment. Moreover, a presidential pardon can only be used for federal crimes — not state crimes. For state crimes, only the US governor can do so.
The US presidential pardon can’t be overturned by courts or by Congress. It also can’t be reversed by the next president, which means that Donald Trump can’t rescind Biden’s pardon to Hunter.
The US Constitution doesn’t mention how many times a president can use this power. Records show that US President Franklin D Roosevelt used this power a whopping 2,819 times while he was in the White House from 1933 to 1945.
U.S. Presidents who have pardoned family members
Several U.S. presidents have exercised their pardon power to benefit family members. Here are a few examples:
Abraham Lincoln: The 16th President pardoned a cousin of his wife, Mary Todd Lincoln, who was a Confederate supporter during the Civil War.
Bill Clinton: In 2001, President Clinton pardoned his half-brother, Roger Clinton, who had been convicted on drug-related charges. This was one of the “midnight pardons” issued just before Clinton left office.
George H.W. Bush: In the final days of his presidency, Bush granted clemency to his son, Neil Bush, who was implicated in the Silverado Savings and Loan scandal. The decision was controversial and viewed by some as an example of presidential privilege shielding a family member.
Jimmy Carter: The 39th President pardoned his brother, Billy Carter, who was embroiled in financial disputes involving Libya. While President Carter did not publicly shield Billy from scrutiny, the pardon helped minimize political fallout.
Donald Trump: Donald Trump pardoned Charles Kushner, father of his son-in-law Jared Kushner, and multiple allies involved in the Russia investigation.
Joe Biden: The current and 46th President pardoned his son Hunter Biden in his last few weeks in office. Hunter was convicted for federal firearms and tax offences early this year.
