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Despite Joe Biden’s outwardly calm demeanor, those in his inner circle speculated that he might eventually intervene to stop the federal legal actions targeting his son.
The unexpected announcement on Sunday regarding a broad pardon for Hunter Biden sparked intense debate in Washington. Conversations ignited about its ramifications on the President’s legacy, the credibility of the Justice Department, and how President-elect Donald Trump, who has his own legal challenges, would perceive the pardon. The environment was charged, urgent, and—inevitably—controversial.
However, analyzing Biden’s choice to utilize a largely unchecked constitutional power sheds light on his motivations. Yes, he reversed a firm stance against using his authority to protect his son, contradicting long-standing Democratic assertions that no one is above the law, regardless of their presidential ties. This action might overshadow Biden’s final days in office, diverting focus from his efforts to cement a legacy built over decades in politics.
Nevertheless, these critiques fail to grasp a crucial reality: Joe Biden grappled with a more intricate dilemma than simply deciding whether to shield his son from prison. While many may view this as a self-serving act driven by paternal instinct, it could also signify one of the most calculated decisions Biden has made this year—perhaps even more surprising than his announcement in July that he would not seek reelection as the Democratic nominee.
Here are six points that clarify Biden’s rationale behind issuing a pardon that barely fills 200 words:
Trump’s pursuit of the Bidens is well-known.
For years, Hunter Biden’s ties to a Ukrainian energy company have intrigued conservative circles, many of whom suspect the payments he received were a facade for illicit financial activities involving Joe Biden. (Much of the Republican narrative against the Bidens has been discredited, and their impeachment attempts against Biden have stalled.) With Trump potentially regaining authority over the Justice Department and the FBI—possibly under a loyalist favoring aggressive investigations—there were concerns that the President-elect would prioritize probingHunter Biden, even if he were incarcerated. Biden’s sweeping pardon effectively eliminated any such investigations, as federal charges could no longer be pursued against Hunter.
Hunter Biden’s legal issues received special treatment.
This fact is undeniable. Legal experts generally concur that anyone else facing comparable charges would likely have received a straightforward plea deal—one that was previously proposed but turned down by a Trump-appointed judge due to its unusual parameters. The prosecution grew even more unconventional after the Trump-nominated U.S. Attorney for Delaware was designated as special counsel in Hunter Biden’s case. With 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 December 12 for the firearm conviction, followed by another sentencing for tax evasion on December 16. If he received the maximum sentences—though unlikely—he could have faced up to 42 years in prison.
Inaction was not a viable option.
Indeed, Biden’s decision came without any apology. He had been traveling the globe—literally—claiming the justice system was fair for both his son and Trump. He understood he would encounter backlash from some of the same people whose approval he had sought for years. However, voters had already expressed their sentiments regarding Biden’s strict adherence to protocol when they opted to reinstate Trump. In fact, Trump had suggested granting mass pardons to individuals involved in the January 6, 2021, insurrection. Voters seemed to find that notion appealing—or at least not disqualifying—and chose to return Trump to power.
If Trump believes he can easily reverse legal consequences without repercussions, perhaps Biden feels justified in assuming he enjoys 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, among others. Trump also wielded his pardon power to absolve five aides, three military personnel charged with war crimes, seven disgraced former Congress members—all Republicans—and ten healthcare providers implicated in a significant Medicare fraud case.
In this context, what if Hunter Biden’s upcoming sentencing resulted in years of incarceration for offenses that experts argue are rarely prosecuted? How would the public have reacted if Joe Biden, in the twilight of his presidency, had opted not to use his pardoning authority to aid his own son?
Family is central to Biden’s identity.
Throughout his long political career, Joe Biden has advocated for a clear separation between the judicial system and politics. However, this principle is often at odds with another: the importance of family above all else. The President’s grief over the loss of his son Beau has influenced many decisions made by the Biden family in recent years and likely shaped his thinking as he contemplated the prospect of his grandchildren spending even more time without their father. Although politically contentious, this decision was not unexpected. Recall that when an Iowan confronted Biden about Hunter’s involvement in Ukraine back in December 2019, he labeled the person “a damned liar” and challenged him to a push-up contest. Biden also promised to uphold his family’s integrity if elected.
Moreover, Hunter Biden has been open about his battles with addiction and appears to have made significant strides in his life after some regrettable choices. A lengthy prison sentence would likely impart little wisdom he hasn’t already learned. This reasoning may have played a part in Joe Biden’s decision to grant the pardon.
Biden acted with considerable freedom.
The power to pardon is absolute and resides solely with the President. There is no need for Congressional approval, nor does anyone in his administration have the authority to impede him. This is why, when Biden stated on June 13, “I will not pardon him,” some were skeptical. A pardon was always a possible course of action, despite his aides’ insistence to refrain from any involvement regarding Hunter. How else can one explain Biden’s invitation to Hunter at a state dinner shortly after the younger Biden tried to negotiate a deal with federal prosecutors, with the Attorney General present at the same event? Despite Hunter’s past challenges, he still holds sway within his father’s inner circle as the oldest living child in a once-prominent political family.
This will be a tough moment, but perhaps only temporarily.
The White House shared the news late Sunday, just as Biden was about to embark on his final international trip as President. This timing allows him to stay out of Washington until Thursday, with no formal press conference planned—echoing a recent trip to South America that featured limited media interaction. This creates ample opportunity for the narrative surrounding Biden’s apparent breach of his commitment not to grant a pardon to unfold. Onboard Air Force One, the White House’s chief spokesperson reaffirmed the decision, and on Monday, during a welcoming ceremony for National Guard members viewing the holiday decorations, First Lady Jill Biden faced questions about the pardon. “Of course I support the pardon for my son,” Dr. Biden affirmed in the State Dining Room of the White House.
Additionally, Washington is currently dealing with its usual end-of-year budgetary strains; this year, Congress has until December 20 to negotiate spending, with significant disputes over how far to extend funding into Trump’s second term. Essentially, the pardon is likely to fade as a top concern for most Americans, and Trump will probably find ways to divert public attention as Biden’s administration races against the clock.
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