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Monday, December 2, 2024

The Biden Pardon

"Wait till you see my next pardon."


Today, President Joe Biden has erased the last sliver of doubt that his presidency has been the slimiest in US history. It also firmly buttresses the argument that he is the worst president in our history. In spite of repeated denials that he would pardon his son, Hunter, Joe Biden did exactly that issuing a blanket pardon not only for his conviction of gun charges and his plea to income tax charges but any crimes he may have committed between January 2014 and December 2024.

Despite Biden's above denials that he would pardon Hunter, and despite arguments that he changed his mind after watching his son being unfairly treated by the justice system, it has been reported by NBC that as far back as June 2024, even as those denials were being issued, pardon discussions were ongoing in the White House. 

Of course, I am biased, but I have never liked the idea of presidential pardons except when there is a clear miscarriage of justice. Even in those cases, the justice system should be sufficient to correct miscarriages without a president getting involved. This one totally undermines the principle that everyone is equal before the law.

It is reported that the federal investigation into Hunter began around 2018 when Donald Trump was president. Even so, it continued after Biden took office. It was under his administration, that charges were actually brought, but the prosecution in Delaware saw a sweetheart deal between Hunter and federal prosecutor, David Weiss, blow up when the judge refused to accept the plea.

Of course, given Trump's legal problems (which I believe were politically driven), there is no shortage of arguments back and forth as to whether justice has been thwarted by his re-election as president and the US Justice Department's withdrawal from the cases. It appears at this point that all the prosecutions against Trump, both state and federal, are now going away. Trump's opponents are claiming that this also shows that not everyone is equal before the law, and they have their points. My argument against that is to reiterate that in my opinion, the Trump indictments, both at the state and federal level, were political witch hunts. No one side will ever convince the other.

One of the interesting questions being argued this morning is whether this blanket immunity now opens Hunter up to being questioned about his father's alleged role in his financial dealings, for example, in Ukraine and China. It appears he won't enjoy the ability to take the 5th Amendment and refuse to answer questions. Since the pardon covers acts between January 2014 to December 2024, what if he lies to federal investigators who might come around in 2025 asking questions about the roles of Joe Biden and the President's brother, James Biden, in his shady dealings? Under federal law (18 USC 1001) that is a crime.

Personally, I would like to see this drama come to an end. Ever since 2016 when the FBI found itself investigating both Trump and the Democrat nominee, Hillary Clinton, it has been eight years of  Hell for this country, and depending on whose ox is being gored, a belief on the part of so many Americans that our justice system has been weaponized to go after political opponents. As a retired DOJ employee, my own belief is that the Department is in serious need of reform. It remains to be seen whether the incoming administration will go after those who they think have perverted the justice system. While I believe a lot of people abused their power and need to be held accountable, my preference would be to see changes brought to the Justice Department and the FBI in the pursuit of reform as opposed to revenge. When Matt Gaetz was the nominee to be attorney general, I was not optimistic. I am optimistic about Pam Bondi, however. I think she will bring integrity and professionalism to the job.

But as for Joe Biden, after four years of one incredible failure after another, this will be the final nail in the coffin of his legacy.


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