President Joe Biden pardoned his son, Hunter, sparing the younger Biden a possible prison sentence for federal felony gun and tax convictions and reversing his past promises not to use the extraordinary powers of the presidency for the benefit of his family.
The Democratic president had previously said he would not pardon his son or commute his sentence after convictions in the two cases in Delaware and California. The move on December 1 came weeks before Hunter Biden was set to receive his punishment after his trial conviction in the gun case and guilty plea on tax charges, and less than two months before President-elect Donald Trump is set to return to the White House.
“Today, I signed a pardon for my son Hunter. From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted. Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions. It is clear that Hunter was treated differently. 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 court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.”
Trump-appointed Special Counsel David Weiss charged Hunter Biden on firearms and tax charges, but as former U.S. Attorney Joyce White Vance made clear in her Civil Discourse, Hunter Biden would not have been charged if he had been anyone other than the president’s son.
He was charged with possession of a firearm by someone who is addicted to illegal drugs, a charge that prosecutors do not usually bring. Biden owned a gun for eleven days and apparently lied on the paperwork for it by saying he was not a drug addict when he was, in fact, in the throes of addiction.
The other charges stem from Hunter Biden’s failure, while dealing with addiction, to pay about $1.4 million in federal income taxes, which he has since paid in full plus interest and penalties. Vance explains that the government usually handles cases like his with administrative or civil penalties rather than criminal prosecution, as it did in the case of Trump henchman Roger Stone, with whom the government reached a settlement in 2022 for more than $2 million in unpaid income taxes, interest, and penalties without criminal charges.
But President Biden’s pardon covers not just those charges, but also “those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024.” The pardon’s sweeping scope offers an explanation for why Biden issued it after saying he would not.
Ron Filipkowski of “MeidasTouch” noted that Biden’s pardon came after Trump’s announcement that he wanted to place conspiracy theorist Kash Patel at the head of the Federal Bureau of Investigation (FBI). Filipkowski studies right-wing media and points out that Patel’s many appearances there suggest he is obsessed with Hunter Biden, especially the story of his laptop, which Patel insists shows that Hunter and Joe Biden engaged in crimes with Ukraine and China.
House Oversight Committee chair James Comer (R-KY) spent two years investigating these allegations and turned up nothing—although Republican representative Marjorie Taylor Greene of Georgia used the opportunity to display pictures of Hunter Biden naked on national media—yet Patel insists that the Department of Justice should focus on Hunter Biden as soon as a Trump loyalist is back in charge.
Notably, Trump’s people, including former lawyer Rudy Giuliani and his ally Lev Parnas, spent more than a year trying to promote false testimony against Hunter Biden by their Ukrainian allies. Earlier this year, in the documentary From Russia with Lev, produced by Rachel Maddow, Parnas publicly apologized to Hunter Biden for his role in the scheme.
As legal commentator Asha Rangappa noted: “People criticizing the Hunter Biden pardon need to recognize: For the 1st time, the FBI and Justice Department could literally fabricate evidence, or collaborate with a foreign government to ‘find’ evidence of a ‘crime,’ with zero accountability. That’s why the pardon goes back to 2014.”
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. There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough. For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded. Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a President would come to this decision.”
And yet, much of American media today has been consumed not with the story that Trump has appointed a deeply problematic candidate to run what could be considered the nation’s most important department, overseeing about 3 million personnel and managing a budget of more than $800 billion, or with the reality that Biden’s distrust of our legal system under Trump is a profound warning for all of us.
Instead, they have focused on President Biden’s pardon of his son, many of them condemning what they say is Biden’s rejection of the rule of law.
Some have suggested that Biden’s pardoning his son will now give Trump license to pardon anyone he wants, apparently forgetting that in his first term, Trump pardoned his daughter Ivanka’s father-in-law, Charles Kushner, who pleaded guilty to federal charges of tax evasion, campaign finance offenses, and witness tampering and whom Trump has now tapped to become the U.S. ambassador to France.
Trump also pardoned for various crimes men who were associated with the ties between the 2016 Trump campaign and the Russian operatives working to elect Trump. Those included his former national security advisor Michael Flynn, former campaign manager Paul Manafort, and former allies Roger Stone and Steve Bannon. Those pardons, which suggested Trump was rewarding henchmen, received a fraction of the attention lavished on Biden’s pardon of his son.
In today’s news coverage, the exercise of the presidential pardon — which traditionally gets very little attention—has entirely outweighed the dangerous nominations of an incoming president, which will have profound influence on the American people.
This imbalance reflects a longstanding and classic power dynamic in which Republicans set the terms of public debate, excusing their own objectionable behavior while constantly attacking Democrats in a fiery display that attracts media attention but distorts reality.
The degree to which the media endorsed that abusive power dynamic today does not bode well for its accurate reporting during Trump’s upcoming term. It also leaves the public badly informed about matters that are important for understanding modern politics.
Among other stories that received less attention than Biden’s pardon of his son was that on December 2, right-wing activist Dinesh D’Souza publicly apologized to a man depicted in D’Souza’s film “2000 Mules.” That film claimed the 2020 presidential election was stolen, and Trump used it to push the Big Lie that he was the true winner of that election, a lie that by 2023 close to 70% of Republicans believed.
While he continued to stand by the lie, D’Souza admitted that the film’s claim that the “mules” shown delivering ballots to dropboxes had been located through geolocation of their cell data was false. Earlier this year, after a man depicted in the film sued, the publisher of the film and the book on which it was based withdrew the book and the film from its platforms and issued a sweeping apology.
On X, D’Souza’s own comment about Biden’s pardon pointedly illustrated the partisan double standard: “No one is above the law — except my son Hunter!” he wrote above a picture of Biden and his son.
This prompted progressive journalist Brian Tyler Cohen to reply: “You were literally pardoned by Trump.” Cohen was right: Trump pardoned D’Souza in 2018 after his conviction for committing campaign finance violations.
Hеаthеr Cоx Rіchаrdsоn, with Milwaukee Independent Staff
Jose Luis Magana (AP), Manuel Balce Ceneta (AP), Susan Walsh (AP), and Eric Thayer (AP)
Letters from an Аmerican is a daily email newsletter written by Heather Cox Richardson, about the history behind today’s politics