President Joe Biden had a choice to make — on paper at least. His son Hunter was found guilty Tuesday of federal gun charges, making it the first time a sitting president’s child has been convicted of a crime. At any point, with the stroke of a pen, Biden could have made those charges go away. He could have issued a pardon that cannot be challenged in our legal system.
It must have been at least an intrusive thought for the president as he awaited his only surviving son’s verdict. But after the guilty verdicts were announced, all the president did was issue a statement of support for his wayward son once the jury had delivered its decision and then fly to Delaware later that night to spend time with him. “I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal,” he said in that statement. Eschewing a pardon is a choice many parents wouldn’t be able to make, not with that much power at their disposal.
Eschewing a pardon is a choice many parents wouldn’t be able to make, not with that much power at their disposal.
But Biden’s decision is the correct one. By ruling out a pardon, he is demonstrating respect for the rule of law. He might also be taking pains not to serve as an enabler for a child who has struggled with drug addiction. Whether he’s motivated by his respect for the law, his desire to see his son take accountability for his actions or a combination of the two, he’s making the right call.
The White House has said for months now that Biden wouldn’t step in to save his son with a presidential “get out of jail free” card. And the president himself stated his position clearly, if a little tersely, when he told ABC News anchor David Muir that he would rule out pardoning Hunter in an interview last week. True to his word, Biden repeated his position in the White House statement released soon after the verdict.
The president’s embrace of the rule of law and his affirmation of the legal system stand in sharp contrast to former President Donald Trump’s behavior. While in office, he was quick to use the pardon system as a blunt force tool to get what he wanted, dangling pardons to wavering allies who might be considering cooperating with the investigations of him. In the final days of his term, he doled out clemency to those who’d stood by him and supported his attempts to reverse the results of the 2020 election.
The president’s embrace of the rule of law and his affirmation of the legal system stand in sharp contrast to former President Donald Trump’s behavior.
Given that it’s a constitutional power that is unchecked except by impeachment, it’s entirely likely that should Trump win in November, he’ll be even more willing to abuse his ability to pardon. He has reportedly floated the idea of pre-emptively pardoning not only his family members but also himself, providing an inoculation against any future federal charges. There’s no question that if a case against, say, Eric Trump had made it this far — not that it would make it this far during a Trump presidency — his father wouldn’t have hesitated to erase it.
There are some on the right who are skeptical that Biden would really let his son face consequences if he could easily spare him. CNN anchor Chris Wallace insisted Saturday that we wait to see if Biden loses in November before taking the president at his word. Conservative commentator Jonah Goldberg agreed: “If [Hunter Biden] does get a real prison sentence, despite your endearing faith in Joe Biden’s word, Joe Biden will pardon his son to spare him a prison sentence after the election one way or the other.”
Beyond the political implications that pardoning his son would have, and even the norms that are being protected in his refusal to do so, there’s a very human element to his choice. Hunter’s drug use was a central part of the trial, focused as it was on whether he lied about it on a form at the time he purchased a gun in 2018. Joe Biden’s standing back as the legal process has played out is also most likely the best option he could pick as the father of a recovering addict. Saving recovering addicts from consequences may not be the best thing for their recovery. Biden emphasized the two hats he’s wearing in his post-verdict statement: “As I said last week, I am the President, but I am also a Dad. Jill and I love our son, and we are so proud of the man he is today. So many families who have had loved ones battle addiction understand the feeling of pride seeing someone you love come out the other side and be so strong and resilient in recovery.” “I am more grateful today for the love and support I experienced this last week from Melissa, my family, my friends, and my community than I am disappointed by the outcome,” Hunter Biden said in his statement Tuesday. “Recovery is possible by the grace of God, and I am blessed to experience that gift one day at a time.” As he has watched his son pull out of the spiral triggered by the death of his older brother, Beau, the president has clearly stood by Hunter and opted to keep him close rather than treat him as a political liability. He has also, though, seemingly avoided serving as an enabler to Hunter’s addictions. In the process, Biden has showed deep care for his son, something that did far more than pulling strings to shield him from the consequences of his actions would have done.
Hayes Brown is a writer and editor for MS NOW. He focuses on politics and policymaking at the federal level, including Congress and the White House. 
