Advocacy groups leverage Hunter's pardon to influence Biden's decisions
Biden has issued 25 individual pardons along with 135 commutations, and advocates are urging for additional action.
Various criminal justice advocates and Democratic lawmakers have taken to the media this week, expressing their calls for the president to wield his clemency powers to support death row inmates and nonviolent offenders before his term concludes in January. There are also pushes for preemptive pardons for individuals labeled as political enemies by Donald Trump and his associates. Some have even suggested a pardon for the president-elect as a means to reduce political tensions.
The urgency from the criminal justice movement has heightened since Biden's divisive decision to pardon his son for a gun conviction and a guilty plea related to a tax case, along with absolving him of any potential “offenses against the United States which he has committed or may have committed" over the past decade. This event has galvanized Democrats in their efforts to press for clemency measures, aiming to make it one of Biden’s final acts as president from the Oval Office.
"This is a matter of doing the right thing, as well as it’s a matter of legacy. I would hate for Joe Biden’s presidency to end and in history’s final accounting that Donald Trump have a better legacy on clemency than Joe Biden," Rep. Ayanna Pressley told PMG. "That would be shameful, and he has the power and the authority to do something about it."
“Hunter Biden was targeted because he’s the president’s son. Hunter Biden was pardoned because he is the president’s son, period. And Joe Biden should not stop at Hunter Biden,” she added.
White House officials are contemplating their next steps, indicating that a clemency action is anticipated in the near future. White House press secretary Karine Jean-Pierre mentioned that "you could expect more" pardons and clemency actions as the president wraps up his term, emphasizing that he views ensuring fairness in the criminal justice system as a serious responsibility.
“The fact that he has just granted his son a full pardon makes it easier for us to make this argument,” stated Wanda Bertram of the Prison Policy Initiative. “I think many people, for various reasons, are confused by Biden pardoning his son but not taking more federal action to grant clemency to people in the federal system.”
During Biden's presidency, the Office of the Pardon Attorney has received nearly 12,000 clemency requests. To date, he has issued 25 pardons and 135 commutations, marking a higher number of sentence commutations at this stage compared to recent predecessors during their first terms, according to the White House.
In 2022, Biden pardoned all individuals convicted of simple marijuana possession under federal law, impacting thousands of people. In April, he granted clemency to 16 individuals convicted of nonviolent drug offenses, following similar actions in 2023. Additionally, in June, he pardoned military veterans convicted of engaging in same-sex relationships.
Advocates have been urging the White House to address several specific issues. Daniel Landsman, vice president of policy at Families Against Mandatory Minimums, suggested that clemency should be considered for Americans serving outdated sentences, those in home confinement under the CARES Act, individuals sentenced before the 1987 adoption of sentencing guidelines who do not qualify for compassionate release, and those affected by the disparity in crack to powder cocaine sentencing.
“He’s really in his last opportunity to cement a legacy on this issue, and so the urgency is on,” Landsman remarked. “He’s done a little over 100 sentence commutations, which is great. President Obama did 1,700. So there is recent historical precedence, which he was a part of, that points to his current batch simply not being enough.”
Senior White House aides are considering whether to issue preemptive pardons for a variety of current and former officials who might be targeted if Trump returns to the White House, a topic Biden has been discussing with his team. There are concerns these officials could face investigations and indictments, particularly following Trump’s appointment of Kash Patel to lead the FBI, who has voiced intentions to pursue the president-elect’s critics.
This sentiment has resonated on Capitol Hill, with calls for such preemptive actions growing since the Hunter Biden pardon. The president himself has pointed out that the incoming administration plans to target his son.
“The incoming FBI Director wrote his own book, publishing his target list, his enemies list, which is also Trump’s enemies list. He then went on Steve Bannon’s show and further talked about it and made it very clear that he is going to use the Justice Department to go after hundreds of people who he believes are Trump's enemies,” said Rep. Brendan Boyle in an interview. “We need to make sure these poor people, military personnel, law enforcement, civil servants, people like Liz Cheney, Cassidy Hutchinson, Adam Kinzinger, etc., they need and deserve legal protections from what Trump and his incoming FBI Director Kash Patel are saying that they plan to do.”
Rep. Jim Clyburn mentioned that he brought this topic to the president's attention a month ago.
“Why would you leave them exposed to that? We know what kind of guy Trump is. We know what kind of people he has around him,” Clyburn stated. “So yes, I told [Biden], these people are going to go after Cheney, they’re going to go after Fauci, they’re going to go after your son. And I said to him, my exact words were, ‘be a dad.’”
This scenario is familiar in the final stages of an administration, as presidents often wrestle with how to utilize their pardon powers in the last weeks of their tenure. The mounting pressure on Biden to act has been building, with Pressley, Clyburn, Rep. Mary Gay Scanlon, and over 60 other House Democrats urging the president to leverage his clemency powers to "set our nation on the path” to ending mass incarceration. Pressley’s office continues to communicate with senior White House officials following their letter sent on November 20.
Despite the varied views on the Hunter Biden pardon, many Democrats and criminal justice advocates are hopeful it will spark broader discussions about the president’s clemency powers, reinforcing their calls for action in the remaining weeks of his administration.
“Regardless of how folks feel about Sunday’s news, we really want to be pretty clarion about this — the case has long been made on these thousands of people in federal prisons who are serving these out of date sentences, so let’s get to work on that in these final weeks,” said Zöe Towns, executive director of FWD.US.
Nicholas Wu and Brakkton Booker contributed to this report.
Camille Lefevre contributed to this report for TROIB News