Comparing Trump and Biden: The Use and Abuse of Presidential Pardon Power

Biden Pardon

By Tony Bruce | Tuesday, December 3, 2024 | 3 min read

When President Biden announced his pardon for his son, Hunter Biden, it ignited a firestorm of debate. Critics were quick to paint the act as a misuse of power, despite Biden’s prior pledge to refrain from such actions. But let’s pause for a moment: How does Biden’s decision truly compare to his predecessor’s use of the pardon power?

Imagine the situation from Biden’s perspective. You’ve vowed not to use the presidential pardon for personal reasons, only to find that your successor is planning radical moves that could undermine law enforcement itself. One such proposal is replacing the FBI director with someone who has brazenly published a “hit list” of 60 individuals they intend to target once in power. This isn’t hyperbole—it’s in print, in one of their books.

Faced with such a scenario, could anyone honestly fault a father and a president for stepping in to protect his son? What would you do if your son had already endured intense scrutiny, and this was the future being promised?

Contrast Biden’s situation with Donald Trump’s approach. During his presidency, Trump granted clemency to a host of political allies and convicted felons, including his longest-serving adviser, his campaign chairman, and even his son-in-law’s father, Charles Kushner. The story of Kushner’s conviction alone is jaw-dropping: blackmailing a witness—his own brother-in-law—by hiring a prostitute, secretly recording the encounter, and sending the tape to his own sister to intimidate her into silence.

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After serving two years in prison, Kushner not only received a pardon but was also appointed as the U.S. Ambassador to France. Similarly, Trump handed pardons to seven Republican congressmen convicted of serious crimes and rewarded other supporters with prestigious roles for which they had no qualifications.

Trump’s use of the pardon power wasn’t just about mercy; it was a calculated tool for consolidating loyalty and rewarding allies. He even extended his clemency to individuals like his campaign manager, who had been embroiled in controversies that directly intersected with Trump’s presidency.

The Double Standard

Now, let’s return to Biden. Critics are eager to call out his pardon of Hunter, but where was the same outrage when Trump wielded his pardon power to protect his inner circle?

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Trump’s sarcasm in response to Biden’s move—asking whether the pardon extends to the January 6th rioters—was another layer of irony. Trump has already hinted that he intends to pardon those convicted for their roles in the Capitol insurrection, calling them “patriots.” This includes individuals who violently attacked police officers, actions that Trump now seems eager to excuse.

If this moment is to be a reflection on the appropriate use of presidential pardons, it demands a fair comparison. Trump used his pardon power to shield allies, embolden loyalists, and reward personal connections, all while facing minimal backlash from his base. Biden, on the other hand, took a step to protect his son—a controversial decision, yes, but one grounded in personal and familial responsibility amid extraordinary political circumstances.

So, let’s ask ourselves: Is it the act of granting a pardon that’s truly under scrutiny, or is it simply about who is doing the pardoning? If it’s the latter, the conversation isn’t about justice—it’s about politics.

Copyright 2024 FN, NewsRoom.

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