President Biden’s decision to use his presidential powers on Sunday to pardon his own son will be a decision that lives in infamy in presidential politics. It is not just that the president used his constitutional powers to benefit his family. It is because the action culminates years of lying to the public about his knowledge and intentions in the influence-peddling scandal surrounding his family. Even among past controversies about the use of this pardon power, Biden has cemented his legacy for many, not as the commander in chief, but as the liar in chief.
Despite its noble origins and purpose, the pardon power historically has not been a pristine power used by past presidents. As I have previously written, it was used to benefit the political cronies of past presidents. President Warren Harding was even accused of selling pardons, including to mob enforcer Ignacio Lupo, known as ‘Lupo the Wolf.’ Former President Bill Clinton waited for the final days of his presidency to pardon his own brother as well as a major Democratic donor. Trump also pardoned Charles Kushner, the father of his son-in-law, Jared Kushner. (Charles Kushner was also recently named as Trump’s choice of envoy to France.)
In 2023, I wrote that Biden might follow this same pattern and pardon his son as a lame-duck president. The column suggested that Biden might withdraw as a candidate for office and then take action as a father: ‘The pardon-and-apology approach might appeal to Biden not only as an effort to convert vice into virtue but to justify his withdrawal from the election as a selfless act.’
In the 2020 election and throughout his presidential term, Biden repeatedly lied to the American public with an ease and impunity that shocked even many political veterans in Washington. He was repeatedly asked if he knew about Hunter’s foreign dealings, including millions in alleged deals with Russians, Ukrainians, Chinese and other clients. President Biden lied and denied such knowledge. As I detailed in my testimony in the Biden impeachment hearing, he had repeated discussions of these dealings. He is even on tape discussing news stories on the dealings.
President Biden was also repeatedly asked if he met any of his son’s clients. He repeatedly lied. We have pictures and records of dinners and meetings with these clients. Hunter Biden was expressly thanked for his arranging such access to his father.
Few reporters pressed Biden on the corruption scandal, but they were often met not only with denials but angry retorts from the president. When Fox reporter Peter Doocy raised it, the president steamed, ‘Yes, yes, yes. God love you, man — you’re a one-horse pony, I tell you.’
When CBS’ Bo Erickson broke ranks and raised the scandal, Biden replied, ‘I knew you’d ask it. I have no response, it’s another smear campaign, right up your alley, those are the questions you always ask.’
The president continued to lie throughout the election, the presidential debates and his term.
Then, the press repeatedly asked him whether he would pardon his son. The president was now running for re-election and again lied. He and the White House said over and over again that no such pardon would occur and was not being contemplated. That was also a lie. NBC is reporting that, while issuing these denials last June, there were already discussions about the pardon.
The pardon power was written in absolute terms, and a president can even, in my view, pardon himself. However, what is constitutional is not necessarily ethical or right. This is one of the most disgraceful pardons even in the checkered history of presidential pardons. President Biden has lied to cover up a corruption scandal that reportedly brought his family millions in raw influence peddling. His portrayal of his son as a victim stands in sharp contrast to the sense of immunity and power conveyed by Hunter in his dealings.
There were diamonds as gifts, lavish expense accounts and a sports car, in addition to massive payments that Hunter claimed were ‘loans.’
There are messages where Hunter belies the president’s portrayal of a political witch hunt, including messages like the one to a Chinese businessman openly threatening the displeasure of Joe Biden if money is not sent to them immediately. In the WhatsApp message, Hunter stated:
‘I am sitting here with my father, and we would like to understand why the commitment made has not been fulfilled. Tell the director that I would like to resolve this now before it gets out of hand, and now means tonight. And, Z, if I get a call or text from anyone involved in this other than you, Zhang, or the Chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction. I am sitting here waiting for the call with my father.’
The president has now pardoned Hunter for his convicted felonies and any crimes he may have committed from ‘Jan. 1, 2014, to Dec. 1, 2024.’
It is all now being buried under a sweeping immunity deal and a pack of presidential lies.