Joe Biden has eclipsed all previous presidents in the use of his clemency powers, setting a new record for the highest number of pardons issued during a single term. Critics are now scrutinizing these actions, suggesting that Biden’s approach to presidential pardons has been not only unprecedented in scope but also questionable in its motives, casting a long shadow over the perceived integrity of the justice system.
The Hunter Biden Pardon: A Family Affair
Perhaps the most eyebrow-raising act of clemency by Biden was the pardon of his son, Hunter Biden, announced in a broad stroke on December 1, 2024. This “full and unconditional pardon” covered any federal crimes Hunter might have committed from January 1, 2014, through December 1, 2024, a period that includes his controversial tenure on the board of Burisma, a Ukrainian energy company. Critics have lambasted this move as a clear abuse of power, a protective shield not just for Hunter but potentially for any future legal scrutiny into dealings during Joe Biden’s vice presidency. The timing of this pardon, right before the end of his term, further fuels suspicions of political maneuvering to sidestep accountability.
This act of clemency was not only about protecting family; it set a dangerous precedent, critics argue, for future presidential pardons. Legal experts have pointed out that this broad pardon language mirrors that used by Gerald Ford for Richard Nixon, suggesting that Biden might have intended to shield his son from potential future charges by the incoming Trump administration, which has promised a crackdown on political adversaries.
Mass Pardons and Commutations: A Question of Justice or Politics?
Beyond the familial pardon, Biden has engaged in what some describe as a “pardon spree.” On December 12, 2024, he granted pardons to 39 individuals convicted of non-violent crimes and commuted the sentences of approximately 1,500 others, marking the highest number of acts of clemency in a single day. While the White House framed these actions as offering “second chances,” skeptics question the timing and selection of these pardons.
The pardons and commutations primarily targeted individuals with drug-related convictions, but the lack of transparency about who these individuals are has led to speculation that political considerations might be at play. Critics argue that this could be an attempt to curry favor with certain voter demographics or to push a narrative of reform while potentially neglecting more controversial or high-profile cases that might attract scrutiny.
Selective Clemency?
The administration’s approach to clemency has been criticized for its apparent selectivity. While Biden has been generous with certain types of offenders, there’s been a notable absence of clemency for those involved in the January 6 Capitol riot, a group that the incoming Trump administration seems eager to pardon. This discrepancy has led to accusations of political bias, with critics arguing that Biden’s clemency policy reflects more his political affiliations than a genuine commitment to justice reform.
A Legacy Tarnished by Clemency?
Joe Biden’s legacy on criminal justice, particularly through his use of the pardon power, is now under intense scrutiny. His administration’s record on clemency appears, to some, more about political strategy than judicial integrity. The sweeping nature of his pardons, especially that of his son, suggests to critics not just favoritism but a calculated move to rewrite history or at least to control the narrative of his administration’s legal entanglements.
Moreover, by setting such a precedent, Biden has, according to some legal experts, made it easier for future presidents to use the pardon power with even less restraint, potentially turning what was meant as a tool for grace into a weapon of political warfare.
Conclusion
As Biden prepares to leave office, his acts of clemency stand out not just for their volume but for the controversies they’ve sparked. Whether these pardons will be seen as acts of compassion or as political maneuvers will likely be debated for years to come. What remains clear is that the use of the pardon power by Biden has not only reshaped the landscape of presidential clemency but has also left many questioning the integrity and motivations behind such decisions.
