President Joe Biden has given his son, Hunter Biden, a “full and unconditional” pardon regarding all federal charges for gun and tax-related rights. This would ignite furious fires under several debate tents, especially with political adversaries. Research the nearness of the pardon, what would be legal to reverse it, and the broad implications.
Hunter Biden’s convictions: What happened?
Hunter Biden faced legal troubles earlier this year, resulting in convictions on multiple charges.
- Gun Charges: In June, Hunter Biden was convicted on three counts of illegal gun possession in Delaware.
- Tax Offenses: By September, he pleaded guilty to nine tax-related offenses in California.
Hunter Biden, 54, was scheduled for sentencing in both cases later this month before the pardon was issued.
President Biden’s justification for the pardon
At first, President Biden made it clear that he would not exercise his presidential powers to pardon his son. However, he later changed his stance, stating that Hunter Biden was being prosecuted out of a vindictive motive.
President Biden’s statement
In his announcement, President Biden said:
“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.”
He added that Hunter, who has been sober for over five years, has faced “unrelenting attacks and selective prosecution.” The president framed the pardon as a way to put an end to what he views as a personal and politically motivated vendetta against his family.
Scope of the pardon
According to the White House, this pardon is all-inclusive, and the offense range will span between January 1, 2014, and December 1, 2024. It will thus cover the charges that have been brought against Hunter Biden thus far but will be far broader than just these charges.
Donald Trump’s reaction
Former President Donald Trump reacted strongly to the pardon.
Truth Social Post
On his social media platform, Trump described the decision as:
“Such an abuse and miscarriage of justice!”
With Trump’s return to the White House looming in January, many have speculated whether he could undo the pardon once in office.
Can a presidential pardon be revoked?
The short answer is no, a finalized presidential pardon cannot be revoked.
Historical Precedents
There have been rare instances where pardons were rescinded, but only under specific conditions:
- Grant Revokes Johnson’s Pardon (1869)
Outgoing President Andrew Johnson intended to grant a pardon, but his successor, Ulysses S. Grant. , rescinded it. This was possible only because the pardon had not been officially finalized.
- Bush Revokes His Own Pardon (2008)
President George W. Bush revoked a pardon he intended to grant, as it was still in the processing phase and not officially delivered.
Legal finality of pardons
As legal expert David Allan Green clarifies, a pardon is complete and delivered; hence, it becomes irrevocable. It pales in comparison to intercepting a letter that arrives in a post room just before it is delivered.
“When a pardon is complete, there is no power to revoke it.”
Back in the year 1869, this principle was confirmed by a federal judge in the case of Grant. As long as Hunter Biden’s pardon will be completed before President Biden leaves office, it is legally valid.
What’s next?
Turmoil in the political air has followed the pardon of Hunter Biden, with Trump and others questioning its legality. Yet, it appears here also highly unlikely such a pardon can be nullified under law. This will provoke discussion on the extent of executive power in general and on the issues surrounding presidential pardons.
