There are critics of the Hunter Biden pardon announcement, from Republicans and some from Democrats — not from me.
Harry Litman, former assistant attorney general, makes the legal case of why the pardon is proper. The gist of what he said was that Hunter Biden was treated more harshly than others in the same situation. Here’s the long version:
My only disagreement is with the words of the title: “Stuns the Nation.” It did not surprise me at all.
I learned more about pardons first from a pardon that then Governor George W. Bush of Texas refused to grant to someone that was innocent (under pressure Bush relented) and the abusive pardons issued by Donald Trump, starting with former Maricopa County sheriff Joe Arpaio, who spoke at the 2016 Republican National Convention.
My understanding is that underlying the power of the pardon is mercy. Hunter Biden committed the crimes for which we was convicted; the jury was correct in their verdict, but Biden was in the clutches of a cocaine addiction begun to combat grief after his brothers death. Nevertheless, he turned his life around and was drug-free for 5 years. I think mercy was appropriate. The public is not served by putting a reformed drug addict in jail.
The President also, as I understand it, is granting a blanket pardon starting in the year 2014. That is unusual, but given Donald Trump’s stated promise too use the prosecution powers of the federal government to exact retribution on his enemies, I think it was necessary,