President Biden has issued a pardon to his son, Hunter Biden, a move that has drawn comparisons to President Trump’s pardon of Sheriff Joe Arpaio. The New York Times headline, “In Pardoning His Son, Biden Echoes Some of Trump’s Complaints,” encapsulates the situation.
Firstly, President Biden’s pardon of Hunter came before his sentencing, bypassing the judicial process and preventing any chance of appellate review. This mirrors Trump’s pardon of Arpaio in 2017, which was criticized for being premature and interfering with the judicial process.
The Washington Post labeled Trump’s Arpaio pardon as an example of illiberal, rule-of-law-violating authoritarian impulses. Legal experts raised concerns that the pardon undermined the judiciary’s authority to enforce the Constitution.
It remains to be seen how Hunter’s case will proceed post-pardon, as seen in the aftermath of Arpaio’s pardon.
Secondly, Trump’s bypassing of the DOJ Pardon Attorney in Arpaio’s case was criticized, a move that contrasts with the standard procedures for granting pardons. Hunter’s pardon similarly did not follow the typical recommendation process.
Thirdly, both Trump and Biden faced criticism for potentially granting pardons for personal or political reasons. Biden’s decision to pardon his son has raised questions about conflicts of interest and the integrity of his earlier promises not to do so.
Fourthly, Trump’s involvement in influencing the Arpaio prosecution and Biden’s comments on the handling of his son’s case by the DOJ raise concerns about the independence of the judicial process.
Fifthly, both Trump and Biden’s pardons have sparked controversy and raised questions about their implications for the rule of law and the separation of powers.
Sixthly, the broad scope of Hunter’s pardon covering a decade of potential offenses has drawn attention, with some questioning the legality and constitutionality of such a preemptive pardon.
Seventh, Biden’s remarks about politicization in the DOJ and the pardon process have added fuel to the ongoing debate about the role of politics in legal decisions.
Despite the differences between Trump’s pardon of Arpaio and Biden’s pardon of Hunter, the underlying issues of executive power, judicial independence, and the rule of law remain central to the discussions surrounding these controversial pardons.
It is essential to monitor how these pardons may impact future legal proceedings and the public’s perception of the justice system.
