FAQs About President Biden's Pardon of Hunter

President Joe Biden made headlines by pardoning his son, Hunter Biden, from charges related to business dealings, tax issues, and potential foreign influence — and anything else that may or may not have happened in the last 11 years.

By pardoning him, President Biden shields his son from current and future federal prosecution and nullifies any legal liability associated with any offense he may have committed. The bold move has shocked some, particularly given that the President—in various interviews—stated that he would respect any rulings associated with his son's actions and Hunter's cases.

Importantly, the pardon has raised critical questions about the executive branch's power and reach, as well as ethical concerns about nepotism.

Can President Biden legally pardon his son?

Yes. Under Article II, Section 2 of the U.S. Constitution, the president has the authority to grant pardons for federal offenses. The text explicitly states that the president "shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

A president's pardoning power is not absolute, but after the Supreme Court's decision in Trump v. United States, it is not clear that there is such a thing as an unlawful pardon; only limits to pardoning power.

This is still an uncertain area of the law. It is not clear, for example, if a president can pardon himself. Generally, however, a president can pardon any federal offense for any reason. The legal remedy for abuse of this power is impeachment.

Does President Biden's power to pardon extend to state-level offenses?

No. The president has the authority to pardon offenses at the federal level. This power does not extend to state-level crimes governed by state laws and constitutions.

What does it mean that President Biden's pardon was "broad"? Why was it broad?

In pardoning his son, President Biden likely intended to cover a wide range of potential federal offenses that his son could face. For that reason, issuing a comprehensive pardon eliminates—or at least minimizes—any potential ambiguity regarding Hunter's legal status.

In addition, President Biden's assertive move could reflect a strategic decision to address politically charged prosecutions and investigations preemptively.

Is there precedent for broad pardons?

Most pardons are for specific crimes or activities that could lead to criminal charges. However, broad pardons are not without precedent. President Gerald Ford famously granted Richard Nixon a "full and unconditional pardon for any crimes that he might have committed as President of the United States as President."

Then, as here, the concern was that political pressure might lead to charges for activities that federal authorities would otherwise not pursue. Every case where the sitting president grants a pardon is unique, however, and there is no rule book. The context of the situation and the individual circumstances surrounding it play a major role in the decision to issue a pardon.

Can U.S. states charge Hunter Biden after the pardon?

Yes. President Biden's pardon covers federal offenses—except cases of impeachment—and state offenses are beyond the reach of President Biden's pardon. Therefore, if state prosecutors have sufficient grounds to charge Hunter Biden with a crime, they can bring charges in a court of law.

What does this pardon mean for Hunter's future?

Hunter Biden's pardon is significant because it stops all ongoing and future federal investigations into Hunter Biden's activities that he may have carried out in the past.

However, state authorities could still pursue charges against Hunter Biden. So far he has only been charged with federal offenses.

Are there any long-term implications or potential legal proceedings associated with this pardon?

Biden's pardon immediately ends all ongoing federal cases against Hunter. It cannot be appealed or overturned by Congress or the Supreme Court. Whether innocent or guilty, a pardon ends all federal punishment for the pardoned activity.

That being said, the attention Hunter Biden is receiving, and some reactions from the public and state government officials, could also lead to state-level charges. In addition, while it is possible to pardon someone for activities that have not yet been prosecuted, Hunter is not above the law moving forward. Future criminal activity could be prosecuted.

Has the public reacted favorably to the pardon?

Much like today's political landscape, the reaction to Hunter Biden's pardon is mixed. Supporters argue that protecting Hunter Biden from politically motivated attacks is necessary, especially considering the post-election political climate.

Critics of the pardon argue that the pardon is nothing short of nepotism and that it allows Hunter Biden to escape accountability for his actions. The pardon protects him from the experience any other citizen would have if charged with a federal offense—facing charges, a trial, and a jury of his peers judging him on the facts.

Naturally, this pardon has far-reaching political implications, as it clearly raises issues of ethics, justice, equal treatment under the law and the role of family members of the executive and other branches of government.

Will President Biden face any consequences?

There is a reason the most controversial pardons come at the end of presidential administrations. However, the Biden administration says it is confident that this decision reflects support among specific voter demographics, as Hunter Biden has been vocal about his lifelong struggles with addiction to drugs and alcohol.

On the other hand, the pardon will likely alienate those who believe it is an abuse of power. Considering this is expected to be Biden's only term in office, the political ramifications will likely have a lesser impact on the President, aside from, perhaps, being viewed as a stain on his legacy.

Related Resources

• Presidential Pardons Under Article II (U.S. Constitution)
• Presidential Pardon Power and its Limits (FindLaw's Learn About The Law)
• SCOTUS Gives Broad Criminal Immunity to Presidents (FindLaw's Federal Courts)