Biden’s pardon

Joe Biden had repeatedly denied that he was going to pardon his son Hunter for his gun and tax evasion convictions or commute what was shaping up to be a substantive prison sentence. On the Sunday evening after Thanksgiving, at a moment when the American public’s attention was decidedly elsewhere, he announced he had changed his mind. This was a surprise to many, but others had excepted a pardon for the Biden son. After all, this is a matter of a father helping his son, and who can blame him?

Joe Biden tried to justify the pardon by stating that it had been an effort to break Hunter with unrelenting attacks and selective prosecution. To some degree, the president might be right.

Presidents have pardoned family members in the past. In 2001, Bill Clinton issued clemency for his brother Roger’s 1985 drug conviction. Hunter Biden’s full and unconditional pardon was particularly broad, however. It covers his criminal convictions, as well as any future charges for offenses against the United States from the start of 2014 to this Sunday.

That time period includes two years that Hunter Biden served on the board of Ukrainian energy company Burisma and was involved in other international dealings, for example in China, while his father served as vice-president. Some have alleged that Hunter Biden had improperly benefitted from his father’s position of power and that the elder Biden had been connected to his son’s business dealings. The Biden crime family activities might have been the real crime, instead of gun and tax charges.

Hunter Biden was awaiting sentencing later this month in two federal cases. In June, he became the first child of a sitting US president to be criminally convicted, in a case relating to his gun ownership. He was found guilty by a jury in Delaware of three charges for lying about his drug use on a form when buying a handgun.

The prosecution of Hunter Biden on federal firearms charges stems from a 7-page form, the Firearms Transaction Record, also known as ATF Form 4473, that would-be gun buyers must fill out when purchasing a weapon from a licensed gun business. The form includes standard questions about things that would disqualify someone from legal gun ownership, like previous felony convictions, mental health problems or illegal drug use.

The drug question has landed Biden in court, prosecutors say he lied on the paperwork for a gun purchase in 2018 when he said he wasn’t using drugs. Biden’s attorneys say he didn’t consider himself a drug addict when he purchased the weapon. This charge and conviction are really ridiculous. Looking at the Form 4473, the question f is “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” Presumably the crime is that Hunter put no and should have put yes. Hardly a crime.

He was also awaiting sentencing after pleading guilty in September in a federal tax case that centered on whether he paid enough tax from 2016-19. The nine charges included failure to file and pay his taxes, tax evasion and filing a false return. At this point, the taxes have been paid back in full with penalties and interest. Again, hardly a crime.

Absurdly, Hunter Biden faced up to 25 years in prison in the gun case and 17 years in the tax case, though he was likely to get much shorter tariffs and to serve the two sentences concurrently. Trump mentioned the 6 January cases when criticizing the Hunter Biden pardon, and he is likely to cite the president’s action when he issues his own round of pardons next year.

Both the Hunter Biden gun form and tax charges were nonsense charges, covering up the real crime as Hunter Biden with the help of Joe and other family members and partners made business deals in Ukraine, Romania, China, and other countries and made millions. To legally do this, they should have been filing the Foreign Agents Registration Act (FARA), which requires registration and disclosure of lobbying on behalf of certain overseas clients. The Bidens will get away with their crimes, but it will be part of Joe Biden’s sad legacy as one of the worst and most corrupt president in history.