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On December 1, 2024, President Joe Biden announced that he was pardoning his son Hunter Biden from all criminal offenses, including ones that resulted in convictions from January 1, 2014 through December 1, 2024.
An official presidential pardon means the President of the United States grants official forgiveness for one or more federal crimes. Article II, Section 2, Clause 1 of the United States Constitution allows the president the power to "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This would allow the president to remove any punishments for a federal offense, including prison sentences, fines, or penalties.
However, there are certain limitations regarding the president issuing pardons. First, federal pardons only apply to federal crimes. Second, a pardon doesn't signify innocence. It only forgives crimes and removes any associated penalties. A pardon also cannot expunge the conviction, and if granted, it "would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record."
Hunter Biden, the second-born child of Neilia and Joe Biden, was convicted in June 2024 on three felony counts related to the purchase of an illegal firearm.
On October 12, 2018, Hunter Biden made a false statement on his firearm purchase application. When asked if he was an unlawful user of any controlled substances or drugs, he answered "No." He purchased a Colt Cobra .38 Special revolver while struggling with substance abuse, violating 18 U.S. Code § 922. He possessed the firearm for 11 days, October 12- 23, 2018, despite his legal disqualification.
Hunter Biden pleaded guilty in a Los Angeles federal court in September 2024 to three felony tax offenses and six misdemeanor tax offenses. Judge Mark C. Scarsi accepted the guilty plea and scheduled Hunter Biden's December 16, 2024, sentencing.
Between 2016 and 2019, Hunter Biden did not pay at least $1.4 million in "self-assessed federal taxes." He filed false tax returns in 2018, attempting to avoid a tax review. He also avoided his company's payroll and tax withholding process by taking out millions for himself. In the indictment, it stated that he received $7 million in gross income, including an excess of “$1.5 million in 2016, $2.3 million in 2017, $2.1 million in 2018, $1 million in 2019, and $188,000 from January through October 15, 2020.”
In 2018, Hunter Biden stopped paying his overdue 2015 taxes and did not pay his taxes for 2016, 2017, 2018, and 2019 on time. He also failed to file his 2017 and 2018 tax returns on time. When Hunter Biden eventually submitted his 2018 returns, he included false business deductions to lower the large tax debt he owed in February 2020. In the indictment, some of the “business expenses” that Hunter Biden made were listed as “$43,693 to stay at the famous Chateau Marmont in West Hollywood, $30,000 for his daughter's tuition at Columbia Law School, $11,500 for two nights with an escort, $3,947 at a strip club, $1,727 for a Lamborghini rental and $275 for dinner at Nobu.”
Prior to the pardon, Hunter Biden faced up to 25 years in prison for the gun charges, up to 17 years for the tax charges, and up to $1.35 million in fines. However, federal sentences usually have fewer penalties than the maximum. All allegations took place during a period when Hunter Biden suffered from alcoholism and drug abuse until getting sober in 2019.
To save/absolve his son of his charges, President Joe Biden announced on December 1 that he would grant Hunter Biden a presidential pardon for these charges, nearly one month after former President Donald Trump was reelected.
Hunter Biden’s pardon drew immediate backlash. President-elect Trump expressed disapproval over Joe Biden's decision on Truth Social, stating, "Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years? Such an abuse and miscarriage of Justice!"
Truth Social, launched in 2022 by Trump Media, functions similarly to X, where users can post "truths" and "retruths." Other Republicans echoed these sentiments, accusing Joe Biden of being a "hypocrite" and labeling his choice to pardon his son an effort to "avoid accountability."
Originally, Joe Biden stated to reporters at the G7 Summit on June 13, 2024, that he would not use his presidential powers to get his son out of trouble. His response came after the White House didn't rule out a commutation for Hunter Biden. A commutation doesn't forgive an individual's criminal offense but reduces the sentence the offender would serve.
"I'm extremely proud of my son Hunter. He has overcome an addiction. He is one of the brightest, most decent men I know," Joe Biden said earlier during the news conference on June 13. "I abide by the jury decision. I will do that, and I will not pardon him."
Joe Biden explained his change of heart in his White House statement: "The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the courtroom — with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal [been] held, it would have been a fair, reasonable resolution of Hunter's cases."
Joe Biden's pardon of his son raises questions about the balance between personal loyalty and public duty. While legally justified, the decision risks undermining trust in the justice system's impartiality. As the nation reflects on this moment, presidential power and public accountability boundaries will remain under scrutiny.