Biden's Use of Presidential Pardon Power: What We Know So Far

As President Joe Biden's term draws to a close, speculation about his potential use of the presidential pardon power has intensified. Traditionally, presidents have used this constitutional authority in their final days in office, often for individuals connected to them personally or for those they believe have been unfairly prosecuted. Here's a comprehensive look at what is known or speculated about Biden's future pardons:

Presidential pardons are an executive power enshrined in the U.S. Constitution, allowing the President to grant clemency for federal crimes. This power has been used by many presidents to erase the criminal records of individuals, commute sentences, or in some cases, to offer preemptive pardons for possible future charges.

The most notable and controversial use of Biden's pardon power to date was the full and unconditional pardon granted to his son, Hunter Biden. This act covered any offenses Hunter may have committed or might be accused of from January 1, 2014, through December 1, 2024. Here are key points:

The pardon was exceptionally broad, akin to the Nixon pardon by Ford, covering not just known convictions but any potential federal crimes over a ten-year period. This was interpreted as an attempt to shield Hunter from further legal scrutiny, particularly from an incoming Trump administration which had promised aggressive investigations into Biden family dealings.

Biden justified the pardon by claiming that Hunter was selectively and unfairly prosecuted due to political motivations, a claim that echoes similar justifications by former President Trump for his own controversial pardons.

The move has sparked significant debate over the politicization of justice, with critics arguing it undermines the integrity of legal proceedings. Republicans, in particular, have used this as an example of perceived double standards in justice.

There have been discussions and posts on social media platforms like X (formerly Twitter) suggesting that Biden might consider pardons for some lesser offenders from the January 6 Capitol riot, though this remains speculative and not supported by official statements or actions.

Biden has previously shown leniency towards marijuana offenses, having granted numerous pardons for simple possession in the past. There might be considerations for further pardons in this area, although no specific plans have been announced.

The issue of immigration, particularly concerning unaccompanied minors at the border, has been another area where potential pardons could be considered, as hinted in various political discussions. However, these remain in the realm of speculation.

Biden's actions, especially the pardon for Hunter Biden, set a precedent that could influence how future presidents, including Trump in his incoming term, might use the pardon power. The broad nature of Hunter's pardon might encourage similar broad uses in the future.

This use of the pardon power has implications for Biden's legacy, particularly in how it might be viewed in terms of justice and political favoritism.

Public and political reactions have been mixed, with some seeing it as a father protecting his son, while others view it as a misuse of executive power for personal gain.

While President Biden has made use of his pardon powers notably with his son, the full extent of his clemency actions before leaving office remains uncertain. Historically, presidents often surprise with their final acts of clemency, which could range from controversial figures to seemingly minor cases that align with broader policy initiatives or personal beliefs. As Biden's term concludes, the final decisions on pardons will likely continue to be a focal point of discussion regarding presidential powers and their application in the political arena.