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Despite Joe Biden’s outward calm, those in his inner circle believed he would eventually intervene in the federal legal case against his son.
The surprising announcement on Sunday regarding a broad pardon for Hunter Biden stirred intense debate in Washington. Conversations surged about what this meant for the President’s legacy, the implications for the credibility of the Justice Department, and whether President-elect Donald Trump, a convicted felon, would see the pardon as conclusive. The atmosphere was charged, urgent, and predictably controversial.
However, when scrutinizing Biden’s choice to wield an unchecked constitutional power, the reasoning behind it becomes clearer. Yes, Biden reversed his previous stance of not using his authority to shield his son. Yes, this contradicts the long-standing Democratic narrative that insists no one is above the law, regardless of their presidential connections. And yes, this decision may overshadow Biden’s concluding days in office, diverting attention from his efforts to cement a legacy after a lengthy political journey.
Yet, these criticisms often overlook a crucial truth: Joe Biden faced a more intricate dilemma than merely deciding whether to spare his surviving son from jail time. Many might perceive this as a self-serving parental instinct, but it could also represent one of the most calculated decisions Biden has made this year—potentially even more significant than his shocking announcement in July that he would not seek reelection as the Democratic nominee.
Here are six key points that shed light on Biden’s decision to issue a succinct pardon:
Trump has made his intentions clear regarding the Bidens.
For years, Hunter Biden’s connections with a Ukrainian energy company have intrigued conservative circles, many of whom suspect that the payments he received were a facade for illicit financial activities involving Joe Biden. Although much of the GOP’s case against the Bidens has been refuted, and their impeachment attempts against Joe Biden have stumbled, with Trump potentially regaining control of the Justice Department and the FBI—possibly under a loyalist who supports his confrontational approach toward adversaries—there was concern that the President-elect would prioritize investigating Hunter Biden, even if he were incarcerated. Biden’s sweeping pardon effectively preempted any such investigation, as federal charges against Hunter could no longer be pursued.
Hunter Biden’s legal situation was treated distinctly.
This fact is undeniable. Legal experts generally concur that if anyone else faced comparable charges, they would likely receive a straightforward plea deal—one that had previously been proposed but rejected by a judge appointed by Trump due to its unusual nature. The case against Hunter became even more unconventional once the Trump-nominated U.S. Attorney for Delaware was assigned as the special counsel. Under this designation, David Weiss secured convictions on three federal felony counts related to illegal firearm purchases and nine guilty pleas on tax-related offenses. Hunter was scheduled for sentencing on the firearm charge on December 12, with a follow-up for tax evasion set for December 16. If he received the maximum sentences—which was deemed unlikely—he could have faced up to 42 years in prison.
Inaction was not a viable choice.
Indeed, Biden made this reversal without offering any apologies. He had been traveling the globe—literally—asserting that the justice system was fairly addressing the cases of both his son and Trump. He knew he would encounter backlash from some of the same individuals whose approval he has courted for years. However, voters had already made their decision on Biden’s strict adherence to the system when they chose to reinstate Trump. In fact, Trump hinted at granting mass pardons for those involved in the January 6, 2021, insurrection, a notion that appeared to resonate with voters, leading them to support his return to power.
If Trump believed he could easily overturn legal repercussions without facing consequences, perhaps Biden felt justified in assuming he enjoyed similar latitude. After all, Trump’s first term included clemency for individuals like former Illinois Governor Rod Blagojevich, former NYPD Commissioner Bernie Kerik, and “junk-bond king” Michael Milken. Trump also utilized his pardon power to absolve five aides, three military personnel accused of war crimes, seven disgraced former Congress members—all Republicans—and ten healthcare providers implicated in an extensive Medicare fraud scheme.
In this context, consider the potential fallout if Hunter Biden’s upcoming sentencing resulted in a lengthy prison term for offenses that experts suggest are rarely prosecuted. How would the public have reacted if Joe Biden, in the twilight of his presidency, had chosen not to use his pardon authority to assist his own son?
Family holds a central place in the Biden narrative.
Throughout his long political career, Joe Biden has advocated for the notion that the judicial system should remain separate from political influence. Yet, this belief often clashes with the essential principle that family comes first. The President’s grief over the loss of his son Beau has influenced many of the Biden family’s decisions over the past decade and likely shaped his perspective as he contemplated the idea of his grandchildren spending even more time without their father. While politically contentious, this decision was not entirely unexpected. Remember when an Iowan confronted Biden about Hunter’s role in Ukraine back in December 2019? Biden labeled the individual “a damned liar” and even challenged him to a push-up contest. He later committed to preserving his family’s integrity if elected.
Moreover, Hunter Biden has been open about his struggles with addiction and appears to have turned his life around following some regrettable decisions. A lengthy prison sentence would likely impart little wisdom that he hasn’t already learned. This reasoning may have played a role in Joe Biden’s choice to grant the pardon.
Biden acted with significant freedom.
The authority to pardon is absolute and resides solely with the President. There is no need for Congressional approval, nor does anyone in his administration possess the power to impede him. That’s why, when Biden declared on June 13, “I will not pardon him,” some observers were skeptical. A pardon was always a potential course of action, despite his aides’ insistence that he refrain from involvement concerning Hunter. How else can one explain Biden’s invitation to Hunter for a state dinner shortly after the younger Biden sought to negotiate a deal with federal prosecutors, all while the Attorney General was present? Despite Hunter’s past issues, he remains influential within his father’s inner circle as the oldest living child in a once-prominent political family.
This moment may be challenging, but it could be temporary.
The White House shared the announcement late Sunday, coinciding with Biden’s departure for his final international trip as President. This timing keeps him away from Washington until Thursday, with no formal press conference planned, a strategy reminiscent of a recent South American trip that also involved limited media interaction. This approach leaves plenty of room for the narrative surrounding Biden’s apparent breach of his commitment not to issue a pardon to develop. Onboard Air Force One, the White House’s chief spokesperson reaffirmed the decision, and on Monday, during a welcome event for National Guard members viewing the holiday decorations, First Lady Jill Biden was asked about the pardon. “Of course I support the pardon for my son,” Dr. Biden remarked in the State Dining Room of the White House.
Additionally, Washington is currently grappling with its typical end-of-year budget challenges; this year, Congress has until December 20 to finalize spending, with considerable disagreements on how far to extend funding into Trump’s second term. Essentially, the pardon is unlikely to remain a primary concern for most Americans, and Trump will likely find ways to redirect public attention as Biden’s team races against the clock.
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