Joe Biden can be pardoned as a parent, but not as a politician

My instinctive reaction to news of the pardon given to Hunter Biden by his father, President Joe Biden, was that here is a father in complete, consuming agony over the fate of his only living son.

But more is in play here than a father’s unrelenting grief over the welfare of his child. There is family history and emotion, and then there is politics.

Joe Biden and his son, Hunter, in 2010.Credit: AP

Joe Biden’s firstborn son, Beau Biden, was destined to continue his father’s legacy in politics, but died from cancer. Hunter and his activities in his business and personal life – from commercial relationships in Ukraine to uncontrolled substance abuse – were the target of scorched earth investigation by Republicans in Congress, especially in the House of Representatives.

Over the past two years, Republicans made every effort to find evidence linking Hunter to his father, with the intent of moving to impeach President Biden for corruption. They failed. No such evidence was found because no such evidence exists.

Hunter’s prosecution on charges regarding drug use, purchase of a gun and tax avoidance ultimately resulted in his conviction in two trials. A pre-trial plea deal that could have resulted in little or no imprisonment collapsed under scrutiny by a judge in Delaware. The US Attorney’s ensuing prosecution was successful. Extensive jail sentences were entirely possible. Hunter Biden was due to be sentenced this month.

Joe Biden is a lion in winter. He leaves office in 50 days. He insisted, until now, that he would not use his pardon power in this matter. Today it is clear he not only wanted to protect his son, but he also wanted to exact retribution against his son’s prosecutors.

“From the day I took office,” the president said in his statement on the pardon, “I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted … It is clear that Hunter was treated differently. The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election …

“Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a president would come to this decision.”

Joe Biden’s compassion is caught in the vice of politics.

Donald Trump’s pardons for his political cronies, such as campaign advisers Paul Manafort and Roger Stone, both duly convicted for their crimes with time served in prison, were seen by Democrats as shamelessly political.

Trump is expected, as soon as he takes office on January 20, to pardon dozens, if not hundreds, of people convicted for participation in the insurrection of January 6, 2021. Trump will be bitterly criticised by many for playing politics to free those who were found guilty of their attack on the Capitol. But Trump will not even be singed.

Joe Biden’s deep emotive bond with his son is real and true, but so are the politics of what he has done, and how many will judge the pardon he gave to his son.

Bruce Wolpe is a senior fellow at the University of Sydney’s United States Studies Centre. He has served on the Democratic staff in the US Congress and as chief of staff to former prime minister Julia Gillard.

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