As the outgoing President Joe Biden prepares to leave office on January 20, speculation is swirling about whom he might pardon before departing. This tradition of granting pardons to a chosen few, or sometimes a large number, of individuals has its roots in the early days of the republic. The process involves the president’s forgiving nature or pressure to make a lasting statement before retirement.
To better understand the potential pardons of President Biden, it’s essential to examine the pardons of his predecessors and the process that leads cases to the Oval Office. With the election and transition period rapidly approaching, Biden and his team are likely working on a final pardons list.
One of the most pressing questions surrounding the pardons list is whether Hunter Biden, the president’s son, will be granted clemency. On September 5, Hunter pleaded guilty to a nine-count indictment, including three felony and six misdemeanor tax offenses. His June 11 conviction on three felony gun-related charges could result in significant prison time.
During the G7 Summit in June, President Biden stated that he would allow justice to take its course and not pardon his son. However, experts suggest that there may be alternative options. Graham G. Dodds, a professor of political science at Concordia University, points out the distinction between a pardon and clemency.
“A pardon wipes the slate clean, whereas clemency leaves the finding of wrongdoing on the books but mitigates the penalties,” Dodds explained, citing former President Barack Obama’s clemency to Chelsea Manning, convicted of espionage. “That’s an option that could keep Hunter out of prison.”
Dodds also notes that predicting whom a president might pardon can be challenging. “The presidential pardon power is virtually unlimited, so presidents need not follow any process,” he said. “As a result, there have been more than a few shocking pardons over the years.”
Recent presidents have granted clemency to individuals, often with little risk of political backlash. For example, former President George W. Bush granted clemency to Scooter Libby, Dick Cheney’s aide. Dodds believes that Biden might follow a similar approach, citing the examples of former Sen. Bob Menendez, who faces 16 criminal charges, and New York City Mayor Eric Adams, who faces five federal charges.
Professor Jeffrey Crouch of American University emphasizes that the pardon tradition is as old as the presidency itself. However, the zero-hour application of the pardon power, using it when there is little risk of meaningful political backlash, is a more modern phenomenon.
“Several recent presidents from both parties have granted clemency while protected from direct political consequences at the ballot box,” Crouch said. “George H.W. Bush pardoned Caspar Weinberger and five other Iran-Contra figures on Christmas Eve of 1992.”
Crouch notes that most recent presidents have made clemency grants based on applications submitted to the Pardon Attorney’s Office in the Department of Justice. However, President Trump was an exception, working largely outside the usual process.
In an “amusing hypothetical,” Dodds suggests that President Biden might pardon Donald Trump “for all offenses against the United States which he has committed or may have committed or taken part in.” Dodds predicts that Trump would likely respond by insisting he did nothing wrong, to which Biden might respond, “Yeah, right, sure you didn’t.”
