Even though Joe Biden has argued that his decision to pardon his son Hunter is motivated by a sense of justice, the political and ethical impact of this measure is undeniable. Hunter Biden, charged in two federal cases, received a full and unconditional pardon, inevitably fueling the repetitive narrative of donald trump about a corrupt and politicized judicial system.
Trump’s narrative is superficial and demagogicbut the current context makes this action a dangerous move. Biden, who promised not to interfere in the decisions of the Department of Justice, breaks his word with this gesture. Just six weeks ago, he said he would not use his pardon power to help his son. Now, not only does he break that promise, but It gives the Republican Party a discursive weapon that justifies pardons of an even more controversial nature, such as that of those responsible for the assault on the Capitol on January 6, 2021.
Beyond the political opportunism that this action unleashes, there is a disturbing ethical component. American prisons are full of people who deserve a pardon more than Hunter Biden. Innocents on death row, people wrongfully imprisoned for minor non-violent crimes, mostly African American and Hispanicor those caught in a justice system disproportionately harsh for certain groups. In this context, Biden prioritizing his son is difficult to justify.
In his official statement, Biden stated that Hunter was the victim of an “injustice” and that the accusations against him were due to his status as “son of the president.” It is true that Hunter’s case has atypical characteristics: Illegal gun possession while under the influence is rarely charged unless there is a related violent crime. Likewise, many people with tax problems resolve their debts in civil courts.
However, even if it was a “witch hunt,” Biden’s decision looks like a clear example of favoritism. While thousands of people languish in federal prisons for similar or lesser crimes, The gesture towards his son presents a devastating image: justice seems to benefit the privileged and abandon the most vulnerable.
The political context makes this pardon even more problematic. Trump has promised to toughen deportations, resume federal executions and even reverse the release of thousands of people who were granted house arrest during the pandemic. In the face of these threats, Biden’s lack of action on judicial issues is particularly shameful. While Hunter receives a presidential pardon, these regressive policies advance without substantive opposition.
The use of presidential pardons as a political gift is not new. Bill Clinton pardoned his half-brother on drug charges; Trump, to Charles Kushner, father of his son-in-law, accused of tax evasion. Trump also used this power to free his political allies, including Steve Bannon, Michael Flynn, and Paul Manafort.
Now, with the pardon of Hunter Biden, the scenario becomes darker. Trump is already capitalizing on the decision, using it as an excuse to justify future pardons for his own allies. From his Truth Social platform, he wrote: “Does this forgiveness include the January 6 hostages who have been imprisoned for years? What abuse and injustice!”
Hunter Biden case exposes cracks in US politics and in the exercise of power. As Trump prepares to return to power with a list of pardons for his friends and allies, Biden, by using this tool to protect his own son, weakens his position as a defender of institutional integrity. Next month, Trump will be the first convicted former president to return to office. The abuse of the pardon power already appears in his record, but now he has a perfect shield: any criticism of his use of this power can be answered with the example of Hunter Biden.
What Biden perhaps sought as an act of justice toward his son becomes an act of injustice toward the thousands of Americans who need a president who will use his power to serve the common good. Instead of reinforcing trust in the system, Biden has given Trump and the Republicans more ammunition to justify the abuse of presidential power. And that, for a country already facing deep divisions, is too high a cost.
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