December 13, 2024

Presidential Pardon Power Grab

The clock is ticking for Joe Biden to cover up the crimes of his cronies.

Time is running out for Joe Biden’s presidency. Mostly, he seems resigned to sleep his way to Donald Trump’s inauguration in January. However, the pardon of his son, Hunter Biden, has many people wondering if there’s more to come.

Some radical Democrats have called for Biden to pardon a slate of bad actors like Adam Schiff, Nancy Pelosi, and Liz Cheney. Even Anthony Fauci’s name has been dropped. The Nation notoriously suggested that Biden should issue a blanket pardon for all illegal aliens. Outgoing Representative Jamaal Bowman wants Biden to “pardon the 40 people who are on death row right now,” as well as “the 3,000 people who are in federal jail for trumped-up marijuana charges.”

This week, Biden did issue 39 more pardons and 1,500 commutations in the biggest single-day act of clemency by any president in history, and people are still sorting out who those recipients were. It was the largest commutation in history, and it included child pornographers and abusers, as well as a Hamas financier.

Looking forward, if Biden issues any more pardons to protect his cronies in the Democrat Party from possible prosecution in the new Trump administration, the political justification would be that Biden is supposedly trying to protect his people from what they expect to be Trump’s revenge. Make Trump the bad guy, and voila.

But there’s also a risk in making such a brazen move.

“This is a pardon, after all,” Noah Rothman writes at National Review, “and the Supreme Court’s ruling in Burdick v. United States establishes that accepting a pardon carries with it ‘an imputation of guilt and acceptance of a confession of it.’ If the Biden White House issued these pardons, they’d be doing the Trump administration’s work for them by branding them criminals in some ill-defined way.”

Politico added, “That the conversations are taking place at all reflects the growing anxieties among high-level Democrats about just how far Trump’s reprisals could go once he reclaims power. The remarkable, 11-year breadth of Biden’s pardon of his son Hunter illustrated how worried the White House is about Trump officials seizing any potential openings for prosecution.”

Maybe they should have thought of that before they set such awful precedents over the last decade.

Beyond the political consequences of pardons, there are deeper concerns about what they might do to our constitutional framework and the public’s trust in our elected leaders, as well as the tradition of peaceful, civilized transfers of power from one administration to the next.

“Pre-emptive pardons for outgoing officials would be a bad precedent, a constitutional abuse, and the next lawfare escalation — as if the country hasn’t had enough of those,” write the editors at The Wall Street Journal. “Perhaps Mr. Biden thinks mass clemency would put this ugliness in the past. Instead it would establish a precedent that Presidents on their way out the door will grant immunity to lists of loyal staff and officials. The risk is developing a culture of impunity, if people in the next Administration expect the same absolution from their guy in four or eight years.”

Notably, the damage to our political institutions was highlighted by none other than Pennsylvania Democrat Senator John Fetterman. He told a shocked panel on “The View” that “I think it’s undeniable that the case against Hunter Biden was really politically motivated, but I also think it’s true that the trial in New York for Trump — that was political as well.” He added, “In both cases, I think a pardon is appropriate, and I really think collectively America’s confidence in these kinds of institutions [has] been damaged by these kinds of cases.”

The case against Hunter Biden was far less political than Trump’s. After all, it was Biden’s Department of Justice that filed tax-related charges against Biden — though only after the attempted sweetheart deal fell apart. Meanwhile, no one other than Donald Trump would have ever been charged with the crimes that were drummed up against the former president.

But the Hunter Biden pardon is about more than just a close father-son relationship. It’s about setting the stage for future pardons of individuals that Hunter could be compelled to identify — individuals who could help incriminate Joe.

“Because of the sweeping pardon,” National Review’s Andrew McCarthy writes, “Hunter no longer has a viable Fifth Amendment privilege from self-incrimination. He is immune from prosecution for any further Biden crimes related to influence-peddling. Hence, he may not refuse to testify if summoned by a grand jury to answer questions about the potentially criminal activities of others.”

All this talk about the presidential pardon raises the question of whether it’s time to end the presidential pardon power altogether. It wouldn’t be hard to find people on the Left and the Right of the political spectrum in favor of it. Historically, presidential pardons were utilized by presidents to unify the nation, not to protect the president’s own from criminal activities.

Unfortunately, Biden’s pardoning of his son Hunter has opened the floodgates for abuse by future presidents.

A final thought: Now that more pardons are likely to land on the resolute desk in the Oval Office before the inauguration, one more might restore some dignity to the Biden legacy: pardon Donald Trump. He won’t do it, of course, but it would go a long way toward fulfilling his incessant promises for “unity” over the last four years.

(Update: After issuing a pardon for Hunter Biden, despite repeatedly promising he would never do that, Joe Biden then commuted the sentences of 1,499 people and pardoned another 39 convicts to bury the news cycle about the corrupt pardon favor for his son. Then he commuted the sentences of 37 of 40 federal death row inmates, some being the most evil people in federal custody. And as a final act of indecency, just before leaving office, Biden commuted another 2,500 sentences. Over the last four years, Biden has now issued pardons and clemencies to more than 10,500 criminals, and as he proudly declared, “more individual pardons and commutations than any president in U.S. history.” For context, Donald Trump issued a total of 237 pardons and clemencies in his first term.)

Want more articles like this one in your inbox? Subscribe to The Patriot Post today! It's Right. It's Free.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2025 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.