Nepotism and Presidential Pardons- Is Joe Biden a hypocrite for granting his son clemency?

Ella Koeppern

At the start of December, US President Joe Biden issued an official pardon for his son, Hunter Biden. The decision came as Biden’s presidency approaches its end, with the nation preparing for Donald Trump’s inauguration in January 2025. Hunter Biden was convicted and due to face sentencing for federal felony gun and tax charges earlier this year. He pleaded guilty to nine counts of federal tax fraud in September, for which he had been facing up to 17 years in prison. Additionally, in June, he was convicted of three felony changes related to a gun purchase, which collectively could have resulted in up to 25 years of imprisonment. Sentencing for these charges had been scheduled for the 12th and 16th of December, but the presidential pardon has now pre-empted those proceedings. 

How much longer will we tolerate such abuses of power by those in authority? 

President Joe Biden has issued a response to the recent criticism surrounding his son Hunter Biden, asserting that “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.” Biden implied that the charges against his son were politically motivated, alleging they arose following pressure from his opponents in Congress as part of a broader effort to undermine his presidency. Additionally, the president underscored Hunter’s personal progress, noting his five and a half years of sobriety, while appealing to the public to recognize what he described as a “miscarriage of justice” in this case.

But is this justification sufficient and how much longer will we tolerate such abuses of power by those in authority? 

In the application of justice, therefore, there is much controversy over double standards and the power dynamics between administrations. 

Former President Donald Trump retaliated after the news hit the web: “Does the pardon given by Joe to Hunter include the [6 January] hostages, who have now been imprisoned for years? Such an abuse and miscarriage of justice!” Trump is referring here to the storming of the US Capitol on January 6th 2021 to overturn Trump’s defeat in the 2020 election. By his use of the term “hostages,” he implies the January 6th participants are being treated as “political prisoners”, having been unjustly persecuted. In the application of justice, therefore, there is much controversy over double standards and the power dynamics between administrations. 

Despite former President Donald Trump criticising Biden’s recent decisions, his own record and prior presidents revealed similar actions during their administrations. During his first presidential term in 2020, Trump pardoned Charles Kushner, a former White House senior adviser whose son is married to Ivanka Trump, the former president’s daughter. Kushner was convicted in 2005 of illegal campaign contributions, tax evasion and witness tampering. Notably, Trump has since nominated Kushner to serve as the US ambassador to France. Former President Bill Clinton also exercised his pardon powers to absolve his younger half-brother, Roger Clinton, who had earned the Secret Service code name “headache” due to repeated scandals that brought embarrassment to the Clinton family. Just one month after receiving his pardon, he was arrested for drunk driving. This incident reflects a recurring pattern in which individuals with connections to power seemingly evade the consequences faced by ordinary people. 

Could presidential pardons be a form of nepotism? 

Nepotism is defined as the act of using your power or influence to get good jobs or unfair advantages for members of your own family. Does this make it seem more okay because we would potentially do the same in their position? Is this inevitable because of the way our society works? 

And what does this mean for future presidents?…

Jeffrey Crouch, a legal expert from American University, told CBS exploring this issue: “With this decision, Biden has now made it easier for Trump to abuse the clemency power again. If presidents from both political parties feel free to abuse clemency without consequence, the pardon power becomes less a tool of grace and more of a political instrument.” This statement highlights the normalisation of clemency abuse through presidents like Biden lowering the bar for future presidents by issuing a pardon perceived as purely self-serving or politically motivated. If presidents from both major parties routinely exploit clemency powers without accountability, clemency could be seen as a mechanism for political favouritism, deepening public cynicism about the justice system’s impartiality. 

While the Constitution provides presidents broad clemency powers, it remains unclear whether a self-pardon is legally permissible as no president has attempted such an act.

For future presidents, it could embolden more aggressive or controversial uses of clemency, including the possibility of Donald Trump pardoning himself for all 34 federal charges when he returns to office. Despite previously stating, “the last thing I’d ever do is give myself a pardon,” according to NBC News, the prospect remains a topic of speculation. While the Constitution provides presidents broad clemency powers, it remains unclear whether a self-pardon is legally permissible as no president has attempted such an act. However, even if deemed permissible, wouldn’t such an unprecedented act provoke widespread public backlash, further eroding trust in the presidency and the justice system? Moreover, doesn’t the very notion of self-pardoning defy the fundamental principle that no one should act as the judge in their own case?

Ella Koeppern