Ill-advised pardon calls into question his belief in system

By Berl Falbaum

Shakespeare would have drooled over the subject:  Parental love clashes with public policy. Consistency gives way to apparent hypocrisy. The heart wins over the head. Honor surrenders to the mercy of a grieving father. Unconditional love overwhelms commitment to principle.

You probably have guessed that I am referring to President Biden granting a pardon to his son, Hunter, who was facing years in jail after pleading guilty to nine federal tax charges and having been found guilty by a jury on three felony counts for lying on a federal firearms application. Hunter was scheduled to be sentenced in the two cases later this month.

Like Shakespearean figures such as King Lear, Othello, Macbeth and many others, Biden agonized over his dilemma and, in the end, blinded by his torturous choices, is suffering the grievous effects from a self-inflicted wound caused by pardoning his son. Lear’s fault was vanity; Othello’s jealousy; and Macbeth’s power.

In issuing the pardon, as in the Bard of Avon’s conflicts, Biden played into the hands of a major villain -- Donald Trump whom, by approving the pardon for Hunter, the president inadvertently pardoned as well. In the process, he undermined public trust in the Justice Department and exposed himself to accusations of hypocrisy.

The President said in his defense: “The charges…came about only after several of my political opponents in Congress instigated them to attack me and oppose my election…Hunter was singled out only because he is my son -- and that is wrong.

“I also believe raw politics has infected this process and it led to a miscarriage of justice…

“There has been an effort to break Hunter -- who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me -- and there is no reason to believe it will stop here. Enough is enough.”

Sound familiar? Throw in a few “witch hunts,” and “hoaxes” and we have Trump defending himself against the alleged political weaponization of the U.S. Justice Department.

Biden has given Trump cover. Trump can now point his finger and say, “See, it’s not just me.  A Democratic president just said I am right.”

Then there are the 76.9 million who voted for Trump. Many probably did so reluctantly given Trump’s criminal history. But they can now feel better about themselves and point to Biden’s accusations that the system is corrupt and Trump’s accusations were valid.

Unfortunately, just like Trump’s harangues, the charges of politics don’t fly. Even if one considers that Hunter was prosecuted unfairly, he did plead guilty to the tax charges, and a jury found him guilty on the firearms violation.

In addition, we have apparent hypocrisy. For the last several years during the investigations and trials, President Biden continually said he would not commute the sentence of his son nor pardon him.

“I said I’d abide in the jury decision,” he said at one point. “I will do that.”  Frequently, when asked if he would pardon his son, he always answered with a crisp, ‘No.’” After the jury’s guilty verdict, he said: “I will accept the outcome …and will continue to respect the judicial process.”

We marveled at and commended his honor and for giving us hope in our institutions which he has now rebuked. In joining Trump by accusing the Justice Department of politics and disparaging prosecutors, he has given Trump more room to have nominations of extreme sycophants and loyalists for the Justice Department confirmed by the Senate. Many in the GOP already have made the point that if the sitting president believes the Justice Department is politicized, then we need a total upheaval and Trump’s candidates will do just that.

Yes, others have been guilty of the pardon “sin.” The most controversial one, perhaps, is the pardon Gerald Ford granted Richard Nixon following the Watergate scandal.

Trump pardoned his daughter’s father-in-law, Charles Kushner, who spent two years in prison for tax evasion and other charges, and last week appointed him to be ambassador to France.

Bill Clinton pardoned his half-brother, Roger, who spent jail time on drug charges, and George H.W. Bush pardoned former Defense Secretary Caspar W. Weinberger on charges stemming from the Iran-Contra affair.

But the “Johnny did it too” defense never works and it is particularly unsuitable in Hunter’s troubles given Biden’s commitment not to interfere in his son’s prosecutions or trials.

Also troubling is the fact that the pardon covers a 10-year period from January 2014 to December 2024, which suggests, fairly or not, that Hunter Biden may have committed other offenses before the two he was tried on, offenses that Trump could pursue once back in office.

But what if…

What if Biden had just issued the pardon without impugning the integrity of the Justice Department. He could have made the point that these were non-violent crimes -- tax evasion and lying on a firearms application -- committed while Hunter was on drugs.  As a father, he felt his son deserved the compassion extended to many others convicted of similar crimes.

He indirectly tried to make this point in his public defense of his ill-fated decision by stating: “I hope Americans will understand why a father and a president would come to this decision.”

Even while expressing the deepest sympathies for Biden’s quandary -- every parent understands it -- the many variables in this case make it very hard to pardon him for his action.

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