President Joe Biden pardoned his son Hunter Sunday night, a reversal for the president, who repeatedly said he would not use his executive authority to pardon his son or commute his sentence.
"I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice — and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a President would come to this decision," Biden said in his statement.
Hunter Biden was scheduled to be sentenced on Dec. 12 for his conviction on federal gun charges. He also was set to be sentenced on Dec. 16 in a separate criminal case in which he pleaded guilty to federal tax evasion charges in September.
The president issued a "full and unconditional pardon" for any offenses Hunter Biden has “committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024," according to the White House statement.
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A senior White House official told NBC News, which was the first to report on the pardon decision, that the president decided over the weekend to grant his son a pardon and began to inform his senior aides Sunday.
The president also spoke about his son's struggles with addiction in his statement Sunday night, saying that his political opponents were trying to "break" him by going after Hunter.
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"No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong," Biden said in his statement. "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’s no reason to believe it will stop here. Enough is enough."
In a separate statement, Hunter Biden said he had "admitted and taken responsibility for my mistakes during the darkest days of my addiction — mistakes that have been exploited to publicly humiliate and shame me and my family for political sport."
Despite all of this, I have maintained my sobriety for more than five years because of my deep faith and the unwavering love and support of my family and friends," he added. "In the throes of addiction, I squandered many opportunities and advantages. In recovery we can be given the opportunity to make amends where possible and rebuild our lives if we never take for granted the mercy that we have been afforded. I will never take the clemency I have been given today for granted and will devote the life I have rebuilt to helping those who are still sick and suffering."
A representative for Special Counsel David Weiss did not immediately respond to a request for comment. Hunter Biden’s attorney Abbe Lowell declined to comment.
Steven Cheung, a spokesman for President-elect Donald Trump, said, "The failed witch hunts against President Trump have proven that the Democrat-controlled DOJ and other radical prosecutors are guilty of weaponizing the justice system. That system of justice must be fixed and due process must be restored for all Americans, which is exactly what President Trump will do as he returns to the White House with an overwhelming mandate from the American people."
Biden, 82, is using his pardon power to ensure Hunter Biden does not spend time in jail as he nears the end of his term in the White House and has no future election to face. In recent months, he has said he would not pardon his son or commute his sentence.
“I will not pardon him,” he said in June after a jury found Hunter Biden guilty on three federal gun charges.
The president has discussed pardoning his son with some of his closest aides at least since Hunter Biden’s conviction in June, said two people with direct knowledge of the discussions about the matter. They said it was decided at the time that he would publicly say he would not pardon his son even though doing so remained on the table.
White House press secretary Karine Jean-Pierre recently told reporters that Biden’s position has not changed.
“We’ve been asked that question multiple times. Our answer stands, which is ‘no,’” she said.
Asked last week whether the president is still committed to not granting clemency for his son, White House spokesperson Andrew Bates said: “The president has spoken to this.” Pressed about whether Biden’s position has changed, Bates replied, “I don’t have anything to add what he said already.”
First lady Jill Biden has also said her husband would not pardon their son.
“Joe and I both respect the judicial system, and that’s the bottom line,” she said in an interview in June.
Hunter Biden’s criminal trial in June was the first involving the child of a sitting president.
Pardoning him after that trial would have ignited a political firestorm for his father, who was campaigning for re-election. Republicans have for years attacked Hunter Biden over his foreign business dealings and accused him and the president of corruption. They have also argued that Hunter Biden was getting special treatment by the Justice Department because of his father’s political power.
GOP criticism reached a peak in July 2023 when Hunter Biden pleaded guilty in a deal with federal prosecutors over the tax and gun charges, which collapsed after a judge raised questions about it. That development led Attorney General Merrick Garland a couple weeks later to appoint the U.S. attorney investigating Hunter Biden, David Weiss, as a special counsel.
Joe Biden dropped out of the presidential race in July, but a pardon before last month's election also could have generated political blowback on the candidacy of Vice President Kamala Harris after she took his place on the Democratic ticket.
Together, the 12 counts Hunter Biden is convicted of or has pleaded guilty to carry a maximum prison sentence of 42 years. But the maximum sentences typically are not given out for convictions of these crimes. The Justice Department has said, for instance, that while the tax charges carry a maximum sentence of 17 years, sentences are typically less than that.
Asked in an interview in June whether he would rule out a pardon for his son, Biden answered, “Yes.”
Days later, after Hunter Biden was convicted on federal gun charges by a jury in his hometown of Wilmington, Delaware, the president said in a statement that he would respect the outcome. He then told reporters he would abide by the jury’s decision.
“I’m extremely proud of my son Hunter,” Biden said. “He has overcome an addiction. He’s one of the brightest, most decent men I know, and I am satisfied that I’m not going to do anything. I said I abide by the jury decision. I will do that, and I will not pardon him.”
Joseph Ziegler, an IRS case agent who became a whistleblower in the Hunter Biden tax probe, told NBC News last year that he opened the investigation himself after seeing bank records that suggested Hunter Biden was paying prostitutes and spending lavishly out of a corporate bank account. Ziegler said politics played no role in his decision to open the case.
“I’m a 38-year-old gay man,” he said. “My politics are simple. I am a Democrat.”
Neil Eggleston, who was White House counsel to President Barack Obama, told NBC News on Monday that “if I were his White House counsel, I would encourage him to pardon his son.” He said he has not been contacted or consulted by the White House about any pardon preparations.
“The clemency power has few limitations and certainly would extend to a Hunter Biden pardon,” Eggleston said.
Eggleston’s opinion echoes that of other former Justice Department and White House officials previously involved in presidential pardons who told NBC News that they thought Biden should exercise this power in advance of the incoming Trump administration.
Monica Alba and Jonathan Allen contributed.
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