Joe Biden has issued a controversial pardon for his son Hunter following his conviction on federal gun charges, despite previously claiming he would not do so.
The president officially announced the decision on Sunday night, saying that his son had been “selectively, and unfairly, prosecuted” by the Justice Department. In a lengthy statement, he said he hoped the American people would understand his decision as a father.
The pardon comes less than two weeks ahead of Hunter’s sentencing on December 12 for his conviction on federal gun charges back in June.
He was also set to be sentenced in a separate criminal case on December 16, after pleading guilty in September to federal tax evasion charges.
“Today, I signed a pardon for my son Hunter,” Biden said in his statement. “From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted.
“Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form.
“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.”
In a separate statement on Sunday evening, Hunter Biden said he would “never take the clemency I have been given today for granted” and would “devote the life I have rebuilt to helping those who are still sick and suffering.”
“I have admitted and taken responsibility for my mistakes during the darkest days of my addiction – mistakes that have been exploited to publicly humiliate and shame me and my family for political sport,” he said. “Despite all of this, I have maintained my sobriety for more than five years because of my deep faith and the unwavering love and support of my family and friends.”
His father’s sudden announcement was a full reversal of the stance he took six months ago when he announced publicly he would not pardon Hunter, should he be convicted.
In June ABC News’ David Muir asked the president point blank if he would accept the outcome of his son’s trial. “Yes,” the president replied, also telling Muir he would rule out pardoning his son if convicted. Biden also told reporters as his son faced trial in the Delaware gun case, “I abide by the jury decision. I will do that and I will not pardon him.”
As recently as November 8, days after Trump’s victory, White House press secretary Karine Jean-Pierre ruled out a pardon or clemency for the younger Biden, saying, “We’ve been asked that question multiple times. Our answer stands, which is no.”
However, in his Sunday statement, Biden went on to claim that the charges against his son had come about “only after several of my political opponents in Congress instigated them to attack me and oppose my election,” and that the carefully negotiated plea deal had subsequently “unraveled in the court room.”
“Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases. No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong.
“There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough.”
The president added: “For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded. Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further.
“I hope Americans will understand why a father and a President would come to this decision.”
The pardon caps a long-running legal saga for Hunter Biden, who publicly disclosed he was under federal investigation in December 2020 — a month after his father’s 2020 victory.
He was convicted in June this year in Delaware federal court of three felonies for purchasing a gun in 2018 when, prosecutors said, he lied on a federal form by claiming he was not illegally using or addicted to drugs.
Hunter was also set to stand trial in September in the California case accusing him of failing to pay at least $1.4 million in taxes. But he agreed to plead guilty to misdemeanor and felony charges in a surprise move hours after jury selection was set to begin.
He said he was pleading guilty in that case to spare his family more pain and embarrassment after the gun trial aired salacious details about his struggles with a crack cocaine addiction.
The tax charges carry up to 17 years behind bars and the gun charges were punishable by up to 25 years in prison, though federal sentencing guidelines were expected to call for far less time and it was possible he would avoid prison time entirely.
The president has authority to grant a pardon to anyone convicted in federal court or by a military court martial. A pardon blocks any further punishment for the forgiven offense, and effectively prevents any further consequences of a criminal conviction. The president does not have authority to grant pardons on state-level convictions.
A pardon does not include an expungement of a criminal record, but it will restore most legal disabilities, including voting rights and the ability to sit on a jury and possess a firearm. However, it also does not signify innocence.