Joe Biden faces criticism from within Democratic Party for pardoning his son Hunter

The pardon granted by U.S. President Joe Biden to his son Hunter over firearms and tax charges has caused unrest among many Democrats. A mistake, a misuse of power, special treatment, a stain on his legacy, a decision that puts personal interest before the general interest... Democratic senators, representatives, and governors have launched their most serious criticism of a Biden decision since he became president.

Many of those who spoke out understand Biden’s motives as a father, and even agree that the persecution of his son has been beyond the pale, but they stress that above all that should be his duty as president, even more so after having publicly stated that he would not pardon his son and that “no one is above the law.” Some have even questioned the powers of pardon available to occupants of the White House.

Although few have mentioned it, this unease implicitly disavows the thesis that the Justice Department has acted independently, since Biden has justified his clemency measure on the grounds that the case was tainted by politics. In some ways, this deprives Democrats of ammunition to criticize Donald Trump, whom they have been portraying as a threat to democracy and a president willing to place himself above the law, especially after the Supreme Court ruling granting presidents broad immunity for their official acts.

The president-elect has defended himself against the various accusations against him precisely by arguing that he was the object of political persecution, a witch hunt, and by presenting himself as a victim. Trump has also made abusive use of the right of clemency, pardoning family members and allies. The step taken by Biden paves the way for Trump to pardon those convicted of the assault on the Capitol, whom he again called “hostages” in the message in which he criticized the pardon of Biden’s son.

“President Biden’s decision to pardon his son was wrong. A president’s family and allies shouldn’t get special treatment. This was an improper use of power, it erodes trust in our government, and it emboldens others to bend justice to suit their interests,” Democratic Michigan Senator Gary Peters wrote on social media.

Colorado Congressman Jason Crow echoed the same sentiment. “The Hunter Biden pardon was a mistake. I sympathize with a father’s love, especially in a family that has experienced so much personal tragedy. I also understand the legal arguments in favor of a pardon. But Presidential pardons are never judged solely on the merits of the case, particularly when it involves a family member. Presidents hold enormous power and responsibility and must be held to a higher standard. They must instill trust and promote the American people’s faith in their democracy. And right now, upholding the fabric of our democracy is one of our most important tasks,” he tweeted.

“President Biden’s pardon of his son Hunter is, as the action of a loving father, understandable — but as the action of our nation’s Chief Executive, unwise,” wrote Peter Welch, a senator from Vermont.

One of the first to speak out was Colorado Governor Jared Polis, who did so in stark terms. “While as a father I certainly understand President Joe Biden‘s natural desire to help his son by pardoning him, I am disappointed that he put his family ahead of the country. This is a bad precedent that could be abused by later Presidents and will sadly tarnish his reputation. When you become President, your role is Pater familias of the nation. Hunter brought the legal trouble he faced on himself, and one can sympathize with his struggles while also acknowledging that no one is above the law, not a President and not a President’s son,” he wrote.

Even as the White House spread expert opinions that Hunter Biden was unfairly targeted, they failed to convince some Democrats. “I respect President Biden, but I think he got this one wrong. This wasn’t a politically-motivated prosecution. Hunter committed felonies, and was convicted by a jury of his peers,” tweeted Rep. Greg Stanton of Arizona.

Many jumped on the argument that the pardon undermines the message that no one is above the law. “President Biden’s decision put personal interest ahead of duty and further erodes Americans’ faith that the justice system is fair and equal for all,” said Colorado Senator Michael Bennet.

“President Biden’s pardon of his son confirms a common belief I hear in Southwest Washington: that well-connected people are often gifted special treatment by a two-tier justice system. The President made the wrong decision. No family should be above the law,” tweeted Washington State Representative Marie Gluesenkamp Perez.

Even some who believe there is something unfair about Hunter Biden’s convictions and the political and judicial witch hunt he has been subjected to also criticized the president’s decision. “As a father myself and as someone who knows Joe Biden I can sympathize with his perspective,” Rep. Gerry Connolly, D-Va., said on CNN Monday. “Having said that, what other father in America has power to pardon his son or daughter if they’re convicted of a crime? I really think we have to revisit the pardon power in the Constitution. At the very least, we’ve got to circumscribe it so that you don’t get to pardon relatives, even if you believe passionately that they’re innocent or their cause is just.”

A loose cannon for the Democrats, Senator Joe Manchin, registered as an independent since May, indicated in an interview on CNN that the measure would have been better understood if Biden had at the same time approved a pardon in favor of his predecessor and successor, Trump himself.

There were also Democrats who supported Biden’s decision. “Most people will see that Joe Biden did the right thing,” Democratic National Committee Chairman Jaime Harrison said in remarks reported by the Associated Press. Harrison contrasted the low standards for Trump’s actions with the different standards applied to decisions by Biden and the Democrats. He also pointed to Trump’s plans to oust FBI Director Christopher Wray and replace him with loyalist Kash Patel, and suggested that the GOP’s pursuit of Hunter Biden would not have ended without the clemency measure. The president’s pardon does not cover just the 12 crimes in the two cases for which his son was awaiting sentencing (for illegally purchasing and possessing a gun and for tax fraud), but extends to all of his actions between January 1, 2014, and December 1, 2024.

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