US President Joe Biden’s decision to issue a “full and unconditional” pardon for his son Hunter Biden has sparked widespread criticism, not only from political opponents but also from some members of his own party. Hunter Biden, who was expected to be sentenced this month for tax and gun violation convictions, received the pardon on December 2, a move that Biden defended by citing concerns over political bias.
The president had previously stated that he would not interfere with the judicial process, but reversed this stance, saying that his son was being “treated differently” by his own Department of Justice.
In an official statement from the White House, Biden said, “For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded. Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a President would come to this decision.”
While the president’s statement sought to explain the personal and political rationale behind the pardon, it was met with swift backlash. U.S. President-elect Donald Trump labelled the decision as a “complete miscarriage of justice,” while Colorado’s Democrat Governor Jared Polis openly criticized Biden, accusing him of “putting his family above the nation.” The pardon has become a deeply polarizing issue, dividing public opinion across partisan lines.
As Donald Trump prepares to assume office in January as the 47th President of the United States, a crucial question looms large: Can the incoming Trump administration revoke the pardon granted to Hunter Biden? The answer to this question lies in the nuances of the U.S. Constitution and the legal precedents that shape presidential authority.
Can a Presidential Pardon Be Revoked?
The United States Constitution grants the president broad powers to pardon individuals facing federal charges. However, the Constitution is silent on whether a presidential pardon can be revoked once issued. This lack of explicit guidance has led to ambiguities and legal debates, particularly in cases where the pardon has yet to be formally delivered.
Historically, there have been instances where a presidential pardon was revoked under unique circumstances. The issue largely hinges on the question of whether the pardon was formally delivered to the recipient. If a pardon has not yet been delivered, it can, theoretically, be revoked by the president.
One notable historical precedent occurred in the 19th century. In June 1869, then-outgoing President Andrew Johnson issued a pardon to a prisoner, which was subsequently revoked by the incoming President Ulysses S. Grant. This action was later upheld by a federal court.
The judge in the 1869 case, as documented by the Congressional Research Service (CRS), emphasized that “The law undoubtedly is, that when a pardon is complete, there is no power to revoke it, any more than there is power to revoke any other completed act.” This implies that once a pardon is finalized, it becomes irrevocable.
The same principle applied in a more recent instance involving President George W. Bush. In December 2008, Bush issued a pardon to Isaac Robert Toussie, a real estate developer convicted of fraud and making false statements to a government department.
However, just one day later, Bush revoked the pardon after learning that Toussie had donated $30,800 to Republican campaigns. The Department of Justice argued that since Toussie had not yet received official notification of the pardon, it was possible for Bush to revoke it. The New York Times reported that Bush acted swiftly to rescind the pardon before it could be considered finalized.
These examples illustrate that a presidential pardon may be revoked if official notification has not yet been delivered, suggesting that there is a small window of time in which a pardon may be undone. However, once a pardon has been fully executed and recognized by the courts, it becomes effectively irreversible.
Can Hunter Biden’s Pardon Be Overturned?
Given the legal precedents and constitutional framework, it is highly unlikely that the incoming Trump administration will be able to overturn Hunter Biden’s pardon. In the case of Hunter Biden, the pardon has already been formally delivered and recognized by the courts. According to a recent Newsweek report, the courts acknowledged the pardon, leading to the cancellation of Hunter Biden’s scheduled sentencing hearing.
Unlike the cases involving President Johnson or President Bush, Hunter Biden’s pardon has passed beyond the initial stage, meaning that all legal procedures required to formalize the pardon have already been completed. This essentially places the pardon outside of Trump’s reach, as it is now a matter of official record.
Despite the impossibility of reversing the pardon, Donald Trump has not held back his criticism of Biden’s actions. Trump, who is known for his blunt and often inflammatory remarks, questioned whether the same leniency would be extended to the “January 6 hostages”—referring to his supporters who stormed the Capitol in January 2021 in an effort to overturn the results of the presidential election. This rhetorical question serves as a reminder of the bitter partisan divide that continues to shape American politics.
The Path Ahead
While Joe Biden’s pardon of his son may not be subject to revocation, the debate over its appropriateness will likely continue to play a prominent role in American political discourse. Donald Trump’s upcoming presidency will almost certainly include renewed scrutiny of the Biden administration’s actions, and Hunter Biden’s legal troubles are sure to remain a point of contention.
The constitutional authority to pardon remains a powerful tool in the hands of a U.S. president, but it also comes with the potential for controversy, particularly when it involves family members or close associates. For now, Hunter Biden’s pardon stands as a bold exercise of executive power, an act that Joe Biden felt compelled to undertake in the face of what he saw as an unfair legal process. As Trump prepares to assume office, the question is not whether he can undo the past, but how he will respond to it moving forward.