Topline
President Joe Biden pardoned his son Hunter Biden late Sunday, a surprise move in the outgoing president’s waning days that wipes away a set of tax and gun convictions against his son—charges the president argued were politically motivated.
Hunter Biden and then-Vice President Joe Biden attend a World Food Program event on April 12, 2016, … [+]
Key Facts
The “full and unconditional pardon” covers any alleged offenses by Hunter Biden since the start of 2014, including—but not limited to—his felony conviction for lying on a federal gun form and his guilty plea for felony tax violations.
The pardon marks a reversal from June, when the president ruled out using his pardoning power on his son.
The president said Hunter Biden was “selectively, and unfairly, prosecuted,” arguing in a statement the charges “came about only after several of my political opponents in Congress instigated them to attack me and oppose my election,” and noting there “has been an effort to break Hunter – who has been five and a half years sober.”
The president claimed it’s extremely rare for the DOJ to bring prosecutions solely for making misstatements on a gun form (in Hunter Biden’s case, prosecutors say he falsely claimed he wasn’t addicted to drugs when he filled out a federal firearm form).
The older Biden also said the tax charges singled out his son, arguing the DOJ typically doesn’t criminally prosecute people “who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties” (the federal indictment alleges Hunter “chose not to pay” his taxes, even after becoming sober).
Crucial Quote
“No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong,” the president wrote.
Chief Critic
Several Republicans blasted the president. “It’s unfortunate that, rather than come clean about their decades of wrongdoing, President Biden and his family continue to do everything they can to avoid accountability,” said Rep. James Comer, R-Ky., who has led an investigation into the Bidens as chair of the House Oversight Committee. Trump asked on Truth Social whether the pardon will “include the J-6 Hostages, who have now been imprisoned for years,” referring to Trump’s pledge to pardon many of those convicted of rioting at the Capitol.
Tangent
The gun charges carried a maximum sentence of 25 years in prison, and the tax charges carried up to 17 years, though federal defendants usually get far lighter sentences than the maximum—and it’s possible he wouldn’t face prison time at all. Sentencing was scheduled for later this month.
What To Watch For
Beyond protecting Hunter Biden from the tax and gun charges, the pardon could also prevent the incoming Trump administration from bringing additional charges. President-elect Donald Trump and his allies have long accused Hunter Biden and his father of engaging in illegal foreign business deals, but have never produced clear evidence.
Contra
The president said a fragile plea deal hashed out between Hunter Biden and prosecutors last year “would have been a fair, reasonable resolution of Hunter’s cases”—possibly implying he wouldn’t have used his pardoning power if the deal remained in place. That agreement—which would’ve let Hunter Biden plead guilty to lesser tax crimes and enter a diversion program for the gun charges—fell apart in court after prosecutors and defense lawyers appeared to disagree about whether the deal prevented the DOJ from bringing future charges.
Key Background
Hunter Biden, 54, has been ensnared in a years-long political and legal saga hinging on his troubled past and controversial business career. Federal prosecutors first charged him last year with lying about his sobriety on a 2018 gun form and failing to properly pay over a million dollars in taxes. After his plea deal fell apart, the DOJ investigators—led by an independent special counsel—brought more severe tax charges claiming he “spent millions of dollars on an extravagant lifestyle rather than paying his tax bills.” In parallel, congressional Republicans have investigated Hunter Biden’s business activity in China and Ukraine, accusing him of trading off his last name and insinuating—without solid evidence—his father helped clinch the business deals or personally benefited from them. Republicans have also criticized the criminal charges themselves, claiming the DOJ went easy on Hunter Biden. The president, for his part, has largely avoided weighing in on the charges but remained protective of his son, whose struggles with crack cocaine addiction are well-documented.
Who Can The President Pardon?
Almost anybody. The Constitution says pardons can’t be issued for impeachments but doesn’t list out any other limits, making it one of the broadest and most unchecked powers in the president’s arsenal. Prior presidents have used the power in controversial ways: President Gerald Ford pardoned his predecessor Richard Nixon, President Bill Clinton pardoned his brother Roger and Trump pardoned a litany of political associates.
