A father with the power to keep his son out of jail: it shouldn’t be surprising that President Biden used that power even though he said he wouldn’t. The rule of law and all that... But then an election happened, and the future government took hold with hardliners ready to avenge any real or perceived wrongdoing against Donald J. Trump.
The Biden family traditionally makes big decisions around the dinner table on a holiday. This Thanksgiving in Nantucket was no different and with Hunter there and Biden’s days in office dwindling down to a precious few, Hunter’s freedom and his hard-won sobriety were top of mind for everyone.
Biden’s strong tie to his family is at the core of his being, his role as a father the most important to him—greater than any political fallout.
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No one with a heart would begrudge Biden for pardoning his only living son. The blunder Biden made was promising not to pardon his son whenever the question was posed. He may have had that intention before a plea deal fell apart a year ago in July.
But once it became clear prosecutors working for his DOJ were not letting up, Hunter went public with the family’s thinking, and it went like this: This is a political inspired prosecution. They’re trying to destroy Hunter to undermine his father’s presidency, knowing that was the one thing that could break Biden.
This thinking was in place before the Trump nominations of Matt Gaetz and then Pam Bondi for AG, and Kash Patel for FBI director. Biden could not let his remaining son be used as an instrument to get at him and tarnish his legacy. The Trump picks are on record declaring fealty to Trump and his agenda of seeking retribution and disrupting what they call the deep state.
Biden could have stopped short of a full pardon and commuted his son’s jail sentences. Hunter would have been sentenced this week in Delaware on three gun charges related to his falsely signing a form that attested he wasn’t using drugs in order to purchase a handgun he never fired. He was scheduled to be sentenced in California next week on tax evasion after he has paid back taxes with interest and penalties.
The problem with commutation is that it would only impact these two cases, and the Bidens, father and son, are convinced that Trump and his allies will never let Hunter go in peace. He would be harassed for at least another four years, maybe more. He’d be the new Benghazi, the issue that haunted Hillary Clinton for years with multiple investigations without ever finding any wrongdoing.
The only upside for Democrats in the pardon is that it takes Hunter off the playing field as MAGA’s favorite football to kick around. Indeed, MAGA reacted angrily to the announcement, with Georgia Congresswoman Marjorie Taylor Greene describing Joe Biden as “a liar and a hypocrite, all the way to the end.”
Even so, the amount of criticism (from Democrats as well as Republicans) is surprising. It’s hard to see how anyone could begrudge Biden for saving his son, especially when most of the critics weren’t the least disturbed by the pardons issued by Trump during his first term to buddies like Roger Stone and Steve Bannon.
Biden is expected to issue dozens if not hundreds more pardons before he leaves office. They should include preemptive pardons for others caught up in the partisan warfare. Biden may be emboldened by the outcry over Hunter and seek to avenge his decision to stand by his son with pardons for other imperiled figures like the military generals Trump disparages for being woke in the hyper-male culture he values.
Presidents use pardons to further their policies and their values. With marijuana now legal in most states, Biden should pardon those still languishing in prison for having a small amount of marijuana. We’re not talking about the kingpins, the dealers, but others who were victimized by laws that are no longer relevant.
He could also broaden the relevance of his son’s pardon by finding others serving sentences for falsely signing a document to buy a gun with no other alleged crime, or those who went to jail after repaying back taxes with interest and penalties. They’re tough to find, and that’s the point.
This isn’t about overturning the rule of law to reward his son; it’s about righting a wrong.
