The constitutionality of Hunter Biden’s pardon is a complex and controversial issue. While presidential pardons are a well-established power, the breadth and nature of this particular pardon have raised questions among legal experts and critics.
Key Points of Contention
Unprecedented Scope: The pardon granted to Hunter Biden is unusually broad, covering a span of 11 years and including crimes that “may have been committed “1 . This expansive nature has no clear precedent in U.S. history.
Potential Overreach: Some argue that President Biden may have overstepped his constitutional authority by issuing such a blanket pardon for known and unknown offenses over an extended period 2 .
Judicial Concerns: U.S. District Judge Mark C. Scarsi, while dismissing the case against Hunter Biden, raised concerns about the pardon’s constitutionality. He stated that while the Constitution provides broad pardoning power, it does not give the president “the authority to rewrite history”111.
Constitutional Considerations
Presidential Power: The Constitution grants the president broad authority to issue pardons for federal offenses4. This power has been used extensively by presidents throughout history.Legal Precedent: There is precedent for preemptive pardons, such as Gerald Ford’s pardon of Richard Nixon for any crimes committed while in office10.
Opposing Views
Judicial Watch Perspective: Tom Fitton of Judicial Watch argues that the pardon fits into a pattern of corruption and may be aimed at protecting Joe Biden himself2.Legal Defense: Some legal experts, like Kimberly Wehle, argue that while the pardon may seem hypocritical, it is not necessarily unconstitutional and falls within the president’s pardoning power7.While the constitutionality of Hunter Biden’s pardon remains a subject of debate, it ultimately may require judicial review to determine its legal standing. The unprecedented nature of the pardon and its potential implications for executive power will likely continue to be a topic of discussion among legal scholars and political commentators.
Video: Judicial Watch