As President Joe Biden concludes his term, his controversial decision to grant a “full and unconditional” pardon to his son, Hunter Biden, has sparked outrage, particularly from President-elect Donald Trump. The pardon addresses convictions for federal gun and tax charges, and critics, including Trump, have questioned its legitimacy.
What Does Hunter’s Pardon Cover?
Hunter Biden’s pardon addresses convictions for three illegal gun possession charges in Delaware and nine tax offenses in California. It also preemptively covers any potential offenses committed between January 1, 2014, and December 1, 2024. Biden justified the pardon, citing “selective and unjust” prosecution against his son due to his familial connection.
The pardon effectively cancels Hunter Biden’s sentencing, which was originally scheduled for later this month, and provides sweeping immunity for offenses within the stated timeframe.
Can Trump Overturn the Pardon?
No, Trump cannot overturn Hunter Biden’s pardon. Once a presidential pardon is issued and finalized, it is widely considered legally irrevocable. Legal scholars agree that attempting to revoke a pardon would likely violate due process and face insurmountable constitutional challenges.
Trump’s Response
Trump has vocally condemned the pardon, labeling it “an abuse and miscarriage of justice” in a post on Truth Social. He questioned whether the pardon would extend to what he called the “January 6 hostages,” referring to individuals imprisoned for their roles in the 2021 Capitol attack. Trump has previously pledged to pardon them upon taking office in January 2025.
“Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?” Trump wrote, further escalating his rhetoric on the issue.
Historical Precedents on Pardons
While there have been instances of pardons being revoked, such reversals have only occurred before the pardons were finalized. For example, in 1896, President Andrew Johnson issued a pardon that President Ulysses S. Grant successfully revoked because it had not been delivered before Johnson left office. In Hunter Biden’s case, the pardon has been finalized, making it legally binding.
What’s Next?
Trump has expressed intentions to use executive clemency broadly during his presidency, pledging to pardon allies and even himself. This approach contrasts with his restrained use of clemency during his first term, when he issued 237 acts of clemency, including high-profile pardons for allies like Steve Bannon and Paul Manafort.
Hunter Biden’s pardon adds another layer of complexity to the already tense transition period, as Trump prepares to retake office. While the pardon cannot be undone, it remains a political flashpoint that underscores the deepening divisions in American politics.