Summary of "Joe Biden pardons his son. Is that justice?" from NPR's Consider This

Release Date: December 2, 2024
Host: Ari Shapiro
Guest: Professor Rachel Barkow, NYU Law Professor and former member of the U.S. Sentencing Commission

Introduction

In the December 2, 2024 episode of NPR's Consider This, host Ari Shapiro explores the ramifications of President Joe Biden's controversial decision to pardon his son, Hunter Biden. The episode delves into the legal, ethical, and societal implications of this unprecedented move, featuring insights from Professor Rachel Barkow, an expert in law and public policy.

Background: Hunter Biden’s Legal Challenges

Hunter Biden, President Biden's son, has been embroiled in legal troubles over the past few years. In June 2024, he was convicted on federal gun charges for lying about his addiction to crack cocaine when purchasing a firearm. Subsequently, in September, Hunter pleaded guilty to failing to pay over $1 million in federal taxes. These convictions set the stage for the upcoming sentencing hearings scheduled for later that month.

Biden’s Pardon Decision

Ari Shapiro outlines how President Biden, who had consistently emphasized that “no one is above the law” (00:21), made a significant policy reversal by offering Hunter a "full and unconditional pardon" just weeks before his sentencing (00:46). This pivot contrasts sharply with Biden’s earlier stance, raising questions about the president's commitment to judicial integrity.

Notable Quote:

Rachel Barkow: “I think it's different in that President Biden had announced in advance that he wasn't going to do it. And so, you know, one issue for him is that he made a pledge that he wasn't going to do it, and then he went back on that pledge.” (03:01)

Historical Comparisons of Presidential Pardons

The episode contextualizes Biden's decision by comparing it to historical instances where presidents pardoned family members or close associates:

• Donald Trump pardoned Jared Kushner's father four years prior to leaving office.
• Bill Clinton pardoned his half-brother, Roger Clinton, on his last day in office in 2001.

However, Biden's pardon is notably sweeping, offering protection from any federal charges Hunter might face over the next decade, which is unprecedented in its breadth.

Notable Quote:

Rachel Barkow: “That's correct. You know, and similarly, it's about an instance where we might think about, you know, what might be a politically motivated or a politically concerned kind of prosecution.” (04:19)

This broad language echoes President Gerald Ford’s pardon of Richard Nixon, the only other comparable instance mentioned, highlighting the rarity and potential impact of such actions.

Implications for the Justice System and Public Trust

Professor Barkow discusses the potential erosion of public trust in the legal system resulting from the pardon. She emphasizes that such actions can foster a perception of a "different set of rules for people who are politically connected and regular people" (04:50). This disparity undermines the principle of justice being blind and equitable.

Moreover, Barkow points out that Biden’s predominantly symbolic use of pardons for the general populace—such as his announcement to pardon individuals convicted of marijuana possession—makes the selective pardon of his son appear even more problematic.

Notable Quote:

Rachel Barkow: “It starts to look like there's a different set of rules for people who are politically connected and regular people.” (04:50)

Future of Presidential Pardons and Political Ramifications

Looking ahead, the episode examines how Biden's pardon might influence future administrations, particularly in the context of President Donald Trump's promises to pardon January 6th insurrectionists. Professor Barkow contends that Biden’s actions are unlikely to deter Trump, who has a history of using pardons to benefit allies and supporters.

However, Barkow suggests that Biden's decision could impact the Democratic Party's stance on pardon powers, especially if the administration decides to adopt a more robust clemency policy in the future.

Notable Quote:

Rachel Barkow: “I don't think so. I think that President Trump was going to do whatever he wanted to do, no matter what President Biden did.” (06:53)

Conclusion

The episode concludes by highlighting the delicate balance between the executive's pardon power and maintaining public confidence in the legal system. President Biden's decision to pardon his son raises critical questions about nepotism, justice, and the integrity of presidential powers. Rachel Barkow underscores the importance of consistent and fair use of pardons to preserve the foundational principles of justice.

Notable Quotes Recap:

1. On Reversing the Pledge:

   “President Biden had announced in advance that he wasn't going to do it. And so, you know, one issue for him is that he made a pledge that he wasn't going to do it, and then he went back on that pledge.” — Rachel Barkow (03:01)

2. On Public Perception:

   “It starts to look like there's a different set of rules for people who are politically connected and regular people.” — Rachel Barkow (04:50)

3. On Future Pardons:

   “I don't think so. I think that President Trump was going to do whatever he wanted to do, no matter what President Biden did.” — Rachel Barkow (06:53)

This episode of Consider This provides a comprehensive analysis of the ethical and legal implications surrounding President Biden’s pardon of his son, situating it within historical precedents and examining its potential impact on the American justice system and future presidential actions.