Tuesday, December 3, 2024

What Trump's Response to the Hunter Biden Pardon Means for the Jan 6 "Hostages"

Shortly after outgoing President Joe Biden’s pardon of his son, Trump has criticized it sharply. He posted on Truth Social calling it “an abuse and miscarriage of justice.” Hunter’s pardon, which erased his convictions related to gun crimes and tax violations, has sparked controversy on both sides, and Trump and his supporters will likely use it as a springboard to revisit their grievances about the justice system.

Trump has long framed the individuals charged due to the January 6th Capitol riot as “political prisoners” and victims of a politicized legal system. His response to Hunter’s pardon highlights this, and it reinforces the precedent that Trump will pardon January 6 defendants when he returns to the White House. Trump’s post shortly after the event hints at this likelihood, building on his past accusation of Biden of weaponizing the justice system against political opponents.

Additionally, democrats fear Hunter’s pardon could enable Trump to justify his own controversial pardons, which are likely to happen when he regains his power. His incoming communications chief, Steven Cheung, underscored this by saying that the “system of justice must be fixed and due process must be restored for all Americans, which is exactly what President Trump will do as he returns to the White House.” However, although Hunter’s convictions are very different from the January 6 defendants, it would be hypocritical of Trump to just immediately pardon them all after criticizing Biden’s use of the controversial power.

The controversy also raises constitutional and political questions about the presidential pardon power. Both Biden and Trump have used this authority to address perceived injustices, but critics argue that these moves risk eroding public trust by prioritizing political loyalty over actual justice.

24 comments:

Sou Matsumoto said...

As you have pointed out Trump will be a hypocrite very soon with him probably trying to pardon himself when he becomes president once again. The use of the presidential pardon has been making headlines recently and the negativity that surrounds it is big. If Trump were to attempt it on himself I believe that many people will lose faith in him and start protesting all over the country. His attempts to respond back to these will be quite interesting as he has already dug himself into a hole by calling out the use of the pardon on social media.

Sora Mizutani said...

While all the attention is now on Trump, whether or not he will pardon himself once he becomes the president, there are some discussions about the possibility of Joe Biden pardoning himself. Republicans have been attacking Biden benefitting from Hunter Biden’s foreign business deals with Ukraine and China. Although Republicans have yet to find evidence to back up the allegation, Trump has previously vowed to target the Bidens with federal investigations and possible prosecutions if they win the election. In 1974, during the Watergate Scandal, Acting Assistant Attorney General Mary C. Lawton wrote in a memo that presidents cannot pardon themselves: as Nixon resigned and was eventually pardoned by his successor. So, there may be a possibility, at least for Trump, to wait until the next election result comes out, and if the Republicans win, leaving the successor to pardon him. Again, I personally disagree with this whole idea of pardoning themselves or even a relative when the pardoning was created as a way to prevent divisive spectacle of prosecution. Today, it is creating nothing but divisiveness.

Melody Chen said...

I do see the point where Trump will appear to be a hypocrite if he immediately pardons the January 6th "hostages," however, I think Trump will flip it in a way to blame the overall justice system on the Democrats. I believe Trump will, and has already started, to criticize the justice system starting with this unjust pardon, and tie it back to the unjust conviction of his January 6th "hostages." He'll make it a partisan issue, and with Democrats already disapproving of Biden's pardon, some might see a point to his statements. There was clearly an abuse of power here by President Joe Biden — I don't think this is a controversial issue — laying a solid foundation for which Trump can build on his communications cheif's statement that "Democrat-controlled DOJ and other radical prosecutors are guilty of weaponizing the justice system."

Ceylon Liu said...

I agree that Trump would be a hypocrite if he gives controversial pardons after critiquing Biden's, but I'm not quite sure if any controversy generated would result in meaningful change. There would certainly be some kind of outrage and others who will defend the president, but I feel that the majority of U.S. citizens wouldn't feel like they're affected in any way by the pardons. I think Biden's decision has still set a precedent though that Trump can utilize to implement more and more controversial pardoning decisions.

Sierra Troy said...

I believe that the crimes committed by Hunter Biden are no where near the severity of the crimes committed by the January 6th riotors, for Hunter Biden's convictions related to gun crimes and tax violations do not come close to an attempt to take over the nation's Capitol building and wounding Capitol security while leaving almost 10 dead. While it may seem as if Biden is "abusing" his formal power for pardoning his son from his convictions, Trump has in fact used his pardoning on many allies in his final days of office. He pardoned Paul Manafort and Roger Stone, two of his associates and close allies. Although not family members, it is clear Trump pardoned these individuals due to their connection and faithfulness to him, which I don't see being much different that pardoning a family member. I'm afraid that if Trump immediately uses his pardon power on the Jan 6 riotors upon taking office, the action will show people that no matter the severity of the crime committed, as long as it is performed in an effort to please/help President Trump, they can expect pardon. Hunter Biden is one individual, while the Jan 6 rioters are almost 2,000 emotionally charged individuals who were willing to disrupt the peaceful transfer of power that has been performed since the beginning of time. The difference in using pardons in these two instances is significant.

Evan Prock said...

This is a very interesting article, and it brings into focus the enigma that is "Truth Social." As a "social" media, self declared through its name, it conceptually fails at this. There isn't really any room for conversation or debate, as it's run by and for a certain political party, turning it into more of an echo chamber than a hub for discussion. I don't think that a social media run by a political figure is necessarily bad, but for someone like Trump who sort of exudes a cult of personality, this echo chamber feels unavoidable. All this is to say it's completely plausible that what Trump is saying here could be very indicative of his actions - ie he will pardon all persecuted for January 6th - or do nothing at all. The audience that he's talking to being basically only loyal supporters means whether he upholds what he says here holds much less weight, as these supporters won't waver very strongly on their opinion of him regardless of what he does.

Evan Prock said...

I wonder if Trump will pardon himself, as doing so brings back up something that he doesn't like to talk about and could create unnecessary controversy. Additionally, as president, he's already where he needs to be, so there isn't really any need for a pardon other than ego and potentially public image. However, pardoning a crime doesn't remove the fact that the crime happened, so it would really just be for ego and possibly some other very small benefits. With all that said, I can still see Trump pardoning himself for these reasons.

Tyler Kennedy said...

Trump is very hypocritical with his criticism of Hunter Biden's pardon. While Trump is clearly against this move it's clear that he may use it as a justification to pardon the January 6th rioters and even himself. It's ironic for Trump to call out Biden's use when we have also seen Trump use the same exact power when he was in office. I am also glad that Biden has done this as he is getting old and he should be able to spend time with his son. Overall I feel the double standards are crazy because when Biden pardons his son MAGA makes a huge deal over it even though Trump has pardoned people.

Adam Richter said...

Although he theoretically can (the constitution makes mention of any exceptions to the presidential pardon), I think it is highly unlikely for three reasons.
1. It would look REALLY bad
2. It could result in an impeachment
3. He basically has immunity anyway

Adam Richter said...

To sum up some of the most interesting points in comments so far, many people believe the case between the Jan 6 rioters and Hunter Biden are too different for the presidential pardon power to be compared. Practically the only similarity between them is that they are controversial, and yet the media is attempting to link the two. If Trump does pardon the "hostages," I don't think that could be described as an act of hypocrisy as many are saying, as although he has obviously criticized Biden's pardon, it would still be a very different use of the power.

Michela Peccolo said...
This comment has been removed by the author.
Michela Peccolo said...

Lying as a drug addict is literally an effect of this disease. Ask anyone who has had a family member, friend, or loved one struggle with addiction and they will tell you this. It is widely documented--- and of clinical significance. There is a chance that Hunter Biden, a man who has proved his sobriety for nearly 6 years, truly felt a recovered man, and in his mind did not think it relevant, or even in 'denial' of his problems that to the government and many is seen as ongoing rightfully so, but wrong In some instances. I think that lying on a form, and threatening to burn, damage, and even harm government officials and property are not in the slightest comparable; and it hurts my heart as a citizen who loves my country that individuals who tried to overthrow it are given a ounce of pity. These two things are not the same.

Sophie Rubinstein said...

The January 6 defendants should absolutely not be pardoned because their actions were a direct attack on democracy, attempting to overturn a fair election through violence. While Joe Biden’s pardon of his son Hunter may be controversial, it’s understandable given their personal connection and the nature of Hunter’s crimes. His offenses—related to taxes and lying about drug use on a gun form—stem in part from his struggle with addiction. Lying in the context of addiction is a common symptom of the disease, not a calculated threat to the nation, making his actions far less dangerous than an organized effort to literally undermine the government. Also, the prospect of Donald Trump pardoning himself or others involved in the insurrection is deeply alarming, as it would set a precedent that leaders are above the law, putting the entire justice system and democracy at risk.

Conor Reidy said...

Your blog raises a very interesting point about the use of presidential pardon power and the fairness of the power. And to be fair I think if anyone were in the situation to be able to pardon some one we knew and loved we would do it in a heartbeat. So I understand why Biden is pardoning Hunter. But if Trumps reason for pardoning the people that executed the attack on a a capital is because he loves them / "if Biden can do it I can" then it is outrageous because those people literally threatened the whole government. Also the fact that he can pardon himself is very bothersome and having a guy like that above the law to me seems risky.

Zach Floresca said...

To me, the presidential pardon power in general seems unfair. It feels like it implies that the president knows better than the justice system. When the average person thinks they are wrongly convicted, they go to court and try to plead their case to a judge, like everyone else. Why does the president get to pick and choose which people and which crimes should be pardoned? However, since it's written in the Constitution and I can't do anything about it, I agree that anyone, if given the chance, would pardon a family member, especially at the end of their term when public opinion doesn't really matter anymore. After hearing Mr. Silton explain what Hunter Biden did, I think Joe Biden's decision is justified for the most part.

Charlotte said...

Although I know little about Hunter Biden's situation, the presidential pardon power as a whole seems like an overstep of authority. Regardless of the crime, if Hunter Biden were not connected to the president, he would not have this luxury, and to me, that doesn’t seem fair. That being said, at the end of the day, Joe Biden is a father, and in some ways, I understand prioritizing family. I believe that any parent would have done the same.
However, Trump should not have spoken out about this. It is sheer hypocrisy. First of all, he claimed not to have encouraged the January 6th rioters, yet here he is taking their side. Additionally, as a convicted felon himself, it feels highly inappropriate for him to be speaking out on this issue.

Jasper Caffo said...

I agree with everyone that presidential pardons seem very unfair, but at the same time I think that there are definitely cases were presidential pardons are justified. I think that Hunter Biden's pardon was relatively necessary, as he was facing political prosecution for a very small crime. However one problem that I see with this pardon is that it gives political ammunition to justify Donald Trumps pardons. Donald Trump will attempt to not only pardon january 6th rioters but he will also try his hardest to pardon himself. These attempted pardons are clearly unjust and will give Trump a amount of power that seems un-constitutional. Pardoning these rioters emphasizes the lengths Donald Trump is willing to go to put himself in power, and abuse power.

Ella Taylor said...

I agree with this and you bring up a good point. Social media, and the media in general is becoming more and more polarized. In doing so, we as a society are at risk for falling into biases, specifically falling deep into our own confirmation biases. Trump's true loyal supporters won't waver as you said, which calls for the scary truth in that even if he is proven a hypocrite, or worse, his supporters will not care. This is something unavoidable and only inevitable through the type of media his supporters choose to consume.

Anish Dara said...

Like everyone else, I believe the presidential pardon itself is a relatively unfair privilege, especially considering the fact that it has no restrictions. If a president knows it's their last term (whether it's because they're at the end of their second term or for special circumstances like Joe Biden's), they can really just pardon whoever they want regardless of the magnitude of their crime. In this case, Hunter Biden certainly has the unfair privilege of being the president's son, but his crime wasn't particularly horrible. The president's decision to pardon his son, while certainly questionable, isn't as bad considering the full context. Trump, on the other hand, likely plans on pardoning far more serious crimes (including his own), which is a much more worrying abuse of power.

Marcus Finke said...

To preface, I do wonder why the presidential pardon even exists in the first place; it's an obvious pathway to an abuse of power and the only real reason I could see it being used is during national emergencies or wartime. Trump, of course the hypocrite, has pardoned 143 people during his last presidential stint. And now he plans to pardon the January 6 rioters on day one of his new presidency. Trump is actively encouraging the desecration of democracy and people want to focus on Biden pardoning his son. While I don't believe Biden should have gone back on his word to pardon Hunter, Hunter's case really was sort of irregular, and if it weren't such a high profile case, likely nobody would have cared about what Hunter did. It's ironic that the convicted felon will likely pardon himself but still criticizes Biden for (albeit somewhat underhandedly) looking out for his son. I also find it darkly funny that Trump said "miscarriage of Justice" considering his stances on abortion.

Nicole Thomas said...

I find it insanely ironic that Trump bashes Biden for pardoning his son, but then uses it to justify pardoning the Capitol rioters. It shows how childish he is, "Biden abused his power, so I'm going to do the same thing." I also find it shocking and insensitive that he calls the rioters "hostages." As a 2nd term President, that term should be reserved for people who fit the description (not those who threw a pissy fit because their candidate didn't win). And wasn't Trump the person who called rioters during the BLM movement "thugs?" He can't even hide his hypocrisy. Trump's plan to pardon his supporters will show the American people how corrupt the government has become. People will lose trust and this world superpower will have the people turning against the government.

Cole Sloan said...

Just the majority have been saying I think that it is unfair that pardon's exist in the first place but also It is one of those things that "if we can do it, so can they," so any previous president bashing a pardon is wild to me as if they didn't pardon people that were also questionable in some capacity. As well as your telling me if your son was in prison and you thought they had changed, you wouldn't pardon them? I just don't believe that most people if they were in that situation would do the same thing. In short I understand it is unfair in this case but just as it is in any other case and no president who has pardoned someone should be bashing this as you used the same unfair privilege that they used.

Miller Grace said...

I think that the Hunter Biden pardon, although Biden probably shouldn't have done it, is forgivable due to the nature of the crimes that were committed. Hunter's crimes were dived extremely deep into and punished harshly mainly due to the fact that it was able to be used against the president and to benefit Trump's party. Other people with similar crimes usually face minimal punishment, and sometimes are not even charged. The January 6th offenders, on the other hand, not only betrayed the peaceful transfer of power (which is one of the most important things to our system) but also caused an estimated $2 million to government property. I do not think that these two circumstances are comparable by any means. The presidential pardon should probably be reevaluated to the amount of power it gives the president at this point.

Eliana Rose said...

This whole situation feels like one big mess of double standards. Trump’s criticism of Biden’s pardon of Hunter Biden might seem fine at first (and his criticism is even echoed by many), but it just sets up the same kind of questionable pardons he might hand out when he gets back into office. It’s almost like Trump is laying the groundwork to pardon the January 6th rioters by framing them as “political prisoners,” while calling out Biden for doing the same with Hunter. It’s all about political loyalty, not actual justice. If both parties keep using pardons as political tools, the public’s trust in the justice system is going to hit rock bottom.