Politically, it is a small issue, but it could affect Joe Biden's legacy. The question is: On the morning of Jan. 20, 2025 at 11:30 a.m., will Joe Biden pardon Hunter Biden? All he has to do is sign a simple document and the deed is done. There is no way for Donald Trump to unpardon Hunter. Republicans will rant for a couple of days, but by Jan. 23, they will be busy with other things.
The issue is coming to a head because on Dec. 12, the younger Biden will probably be sentenced by a federal court in Delaware because he lied on a form asking whether he was a drug addict when he bought a gun. A few days later, he will be sentenced on tax fraud charges in Los Angeles. It will not be a merry Christmas for Hunter and it will be a huge problem for Dad.
The president also has one other option. Instead of a pardon, he could commute his son's sentence. Then Hunter would still be a convicted felon, but would not have to go to prison.
Also, the gun charges have no real precedent. It is unheard of for people who lie on government forms to go to prison, except if there were other serious crimes committed. Usually nothing happens to them even when it comes out (see: Thomas, Clarence). There is also no doubt that if Hunter Biden were Hunter Jones, he would never even have been charged. And even if he were charged, the judge, a Trump appointee, would have thrown the case out. If ever there were a political prosecution, it is this case. If the judge decides that given the spotlight on the case, a modest fine is appropriate, Biden père will probably do nothing. The tax case is more serious and could well involve prison time.
Republicans in Congress would squawk about a pardon, but after Donald Trump's misuse of the pardon power to help his buddies Paul Manafort, Roger Stone, and Steve Bannon, along with other associates, they have a pretty weak case. They could demand that the new AG, probably Pam Bondi, dream up some new offense and indict Hunter on it. For example, working as an unregistered foreign agent. The only way Joe could prevent this is to issue a blanket pardon to Hunter for all crimes he may have committed. But that could create a firestorm. It's a tough call. (V)