► Why such a decision?
First, because Joe Biden has the possibility. Article II of the United States Constitution grants the President of the United States the “power to grant reprieves and pardons for crimes against the United States, except in cases ofimpeachment ». It is therefore exclusively a question of federal justice, that which concerns the United States, and not of state justice. However, Hunter Biden's legal troubles – for having lied in 2018 when purchasing a firearm, detained for 11 days, denying being a drug user, and for tax evasion, for an amount since reimbursed – fall well within federal justice.
Then, because Joe Biden believes that his son was the victim of political harassment, to harm the president. “No reasonable person looking at the facts in the Hunter cases can come to any conclusion other than this: Hunter was singled out solely because he is my son – and that is wrong.”said the 82-year-old Democrat in a statement, describing “a miscarriage of justice”. According to many jurists, the facts alleged against Hunter Biden should have had another legal outcome. In June 2023, an agreement was reached by the accused's lawyers and the prosecutor, which excluded prison. It was rejected after pressure from Republican parliamentarians.
► What role did Donald Trump's victory play?
In the past, Joe Biden has stated on several occasions that he would not intervene in the investigation targeting his son, on the one hand, and that, on the other hand, he would not use his authority as president to pardon his son. But Donald Trump's victory on November 5 as well as his appointments have certainly changed the situation regarding a possible pardon: the next tenant of the Oval Office has not hidden his intentions to settle scores and unleash the wrath of justice against his adversaries. Kash Patel, faithful of the faithful, chosen on Saturday to head the FBI, says nothing else.
In his press release, Joe Biden does not mention Donald Trump's return to Washington. But his son's lawyers do. In a 52-page document entitled “the political prosecutions against Hunter Biden” released on Saturday, they believe that “the election having rendered its verdict, the threat against Hunter is real”. Before adding: “Trump has said that his list of enemies includes Hunter”, assuring in passing that “the prospect of Trump carrying out his revenge against the special prosecutors refusing to take a hard line against Hunter has put a strain on them. considerable pressure to prosecute Hunter.”
► How was this forgiveness received?
Presidential pardons always constitute, at the end of a mandate, subjects of controversy. We remember the pardon, by Bill Clinton, of his half-brother Roger, convicted in 1985 for cocaine trafficking, or of the financier Marc Rich, on the last day of his mandate. Or even in 2020 of Charles Kuchner, the father of Jared Kushner, son-in-law of Donald Trump, convicted of tax fraud.
Joe Biden's decision does not escape these criticisms. Republicans, of course, reacted sharply. But the unease also affects the Democratic ranks. Jared Polis, the governor of Colorado, considered this to be a “unfortunate precedent which could serve as a pretext for other presidents and which will tarnish the reputation” by Joe Biden. Other Democrats, such as Eric Holder, Minister of Justice under Barack Obama, on the contrary consider the pardon justified, the facts alleged against Hunter Biden not being such as to justify the extreme nature of American federal justice.
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