Joe Biden pardons his son. Is that justice?

Summary

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

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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.

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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.

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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)

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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.

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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)

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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)

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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.

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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)

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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.

Transcript

[Ari Shapiro]

Over the last four years, President Biden has often said he wants to restore Americans faith in our legal system. He gave this speech a day after the insurrection on January 7, 2021.

[Rachel Barkow]

Justice serves the people. It doesn't protect the powerful. Justice is blind.

[Ari Shapiro]

As Joe Biden's son Hunter has faced federal charges, the president has often said no one is above the law. On ABC News back in June, days before Hunter was convicted on federal gun charges, the president told David Muir, but let me ask you, will you accept.

[Rachel Barkow]

The jury's outcome, their verdict, no matter what it is? Yes.

[Ari Shapiro]

And have you ruled out a pardon for your son?

[Rachel Barkow]

Yes.

[Ari Shapiro]

Well, on Sunday, just weeks before Hunter's sentencing hearing, the president reversed course. He offered his son a, quote, full and unconditional pardon. Joe Biden is certainly not the first president to use his position to help those close to him. He's not even the first president to pardon a relative.

[Rachel Barkow]

Also on this list just released from.

[Ari Shapiro]

The White House, Jared Kushner's father, Charles Kushner, let's take through these. Donald Trump pardoned the father of his son in law just before leaving office four years ago. And on President Bill Clinton's last day in the White House in 2001, he pardoned his half brother, Roger Clinton. Today, some experts say President Biden's actions recall another moment in history.

[Rachel Barkow]

Good evening. Gerald Ford has been president for exactly one month and today he got his first hostile reception. The reason was his surprise weekend action of granting a pardon to his predecessor, Richard Nixon.

[Ari Shapiro]

Consider this. President Biden has granted his son a sweeping pardon. What will that mean for his legacy and for the future of presidential pardons? From npr, I'm Ari Shapiro. It's Consider this from npr. Hunter Biden no longer has to worry about going to prison. That's because his father, President Joe Biden, pardoned him with just weeks left in his presidency. The president's son was convicted in June on federal gun charges. Hunter Biden lied about his addiction to crack cocaine when he purchased a gun. And in a separate case, he pleaded guilty in September for failing to pay more than $1 million in federal taxes. The younger Biden was due to be sentenced in both cases later this month. Rachel Barkow is a New York University law professor and was a member of the U.S. sentencing Commission. And she's here to talk more about this pardon and how it could impact future presidential pardons. Professor Barco, good to have you.

[Rachel Barkow]

Thanks for having me.

[Ari Shapiro]

Other presidents, from Bill Clinton to Donald Trump, have pardoned allies, donors, even family members. Does this strike you as different from those.

[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.

[Ari Shapiro]

It also looks like the language in this pardon is very, very sweeping. It protects Hunter Biden from ever facing federal charges for crimes that he could have committed over the last decade. How different is that from typical pardons?

[Rachel Barkow]

That is different, although it does meet the concern that President Biden indicated that he had with respect to Hunter Biden, which is that he was concerned that he was being singled out and selectively prosecuted in an effort basically to get at President Biden himself. And so if that's your concern, the worry would be that the next administration, for example, could be going on a witch hunt for any number of possible things, and this kind of blanket pardon would avoid the ability for them to do that. Whereas, you know, if he tried to specify just this specific case, it wouldn't immunize him from that kind of, you know, that kind of aggressive behavior in the next administration.

[Ari Shapiro]

I've read that the only comparable pardon with language as sweeping as this was President Gerald Ford's pardon of Nixon. Do you agree with that assessment?

[Rachel Barkow]

Yeah, 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. And if you want to make it blanket to avoid, you know, any possibility that that person can still be prosecuted, that's the kind of language you need to use.

[Ari Shapiro]

So when someone with close personal access to the president receives a pardon like this, do you think that shapes Americans perception of the justice system more broadly?

[Rachel Barkow]

Unfortunately, yes. You know, I think it starts to look like there's a different set of rules for people who are politically connected and regular people. And it's particularly pronounced in the case of President Biden because he's had a really anemic use of his pardon powers in his time in office. You know, I think he was probably waiting until the election was over, and, you know, for a while we thought he was gonna be running. So my guess is he made a political calculation that if he was gonna do anything, he was gonn at the end. But what it means is we arrive at today with a really weak record on clemency on his part. So, you know, very few people have received any kind of relief from him. And so it looks like he just singled out his own child. Whereas I'm sure there's a lot of parents in America saying, hey, what about my kid? You know, he, you know, he, she, they have a meritorious case and there's been nothing and, you know, followed all the rules, filed the petition, but still no ruling. And that, I think, is the problem when it looks like you don't have a functioning pardon system for regular people and it's just people who know. So somebody.

[Ari Shapiro]

Yeah, I think that's important to highlight because we often hear about pardons when they are high profile, controversial individuals, but thousands and thousands of other people who may be worthy of a pardon, whose names most of us have never heard apply every year. And you're saying in most cases under the Biden presidency have been rejected or ignored.

[Rachel Barkow]

Exactly. And he has a very low grant rate, historically speaking. It's really been mostly symbolic gestures on his part, like the big announcement he had for marijuana, people who had possessed marijuana, you know, that didn't release anybody currently incarcerated. He inherited a backlog of 18,000 petitions when he took office and really just hasn't made a dent. So it's a stark contrast to see the Hunter Biden pardon when you're looking at how the regular process has unfolded during his administration.

[Ari Shapiro]

And when you look to the future, when we think about somebody like Donald Trump, who has promised to pardon the January 6th insurrectionists, do you think Joe Biden's actions in this pardon of his son affect the way future pardons will be perceived? Does it move the Overton window of what's considered acceptable?

[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. You know, he basically said he was going to. And he himself has a record on pardons from his last time in office that was basically almost entirely cronies of his. So he clearly already has a vision of the pardon power that is about, you know, helping his friends. He had some regular people, too, but it was overwhelmingly people who knew him or people on Fox News. So I don't think this changes what he does. I think some, I have seen that some people have said, well, does that mean the Democrats lose the high ground in terms of how they talk about it? And, you know, there may be some truth to that, but I think partly it depends on what President Biden does in the remainder of his term. If he has a really robust clemency set of grants between now and when he's out of office, I think it would help the case to say no. You know, Hunter was the first of many, many people that I know have received unjust sentences.

[Ari Shapiro]

That's NYU law professor Rachel Barkow. Thanks for joining us today.

[Rachel Barkow]

Thanks for having me.

[Ari Shapiro]

This episode was produced by Brianna Scott and Katherine Fink. It was edited by Courtney Dorning and Nadia Lancy. Our executive producer is Sami Yenigun. It's consider this from npr. I'm Ari Shapiro.