Trump's coming: Can Presidential pardon for Hunter Biden be overturned?

Trump’s coming: Can Presidential pardon for Hunter Biden be overturned?

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United States President Joe Biden recently announced that he granted his son, Hunter Biden, a full and unconditional pardon.

Tribune Online reports that Hunter, who was awaiting sentencing for federal tax and firearm charges, will no longer face prison time.

The decision has sparked intense political debate as President Biden approaches the end of his term.

The clemency order covers not only the charges Hunter was facing but also any federal crimes he may have committed between January 1, 2014, and December 1, 2024.

The Constitution exclusively grants the US president the authority to issue pardons for federal crimes, stating: “… he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

The decision has provoked a backlash from both Republicans and Democrats, with critics labelling it an abuse of executive power. 

ALSO READ: Presidential pardon: Eight facts to know about Hunter Biden’s case

President-elect Donald Trump described the pardon as “an abuse and miscarriage of Justice” in a post on his Truth Social platform.

Reacting to the development, Kim Wehle, a law professor and ABC News contributor, said the time frame covered by the pardon suggests strategic foresight by President Biden. 

“These folks have publicly stated that they’re on board with using the Justice Department as a mechanism of vengeance and retribution,” Wehle noted, referencing potential appointments under a Trump administration. She added that the pardon would shield Hunter Biden from “vindictive prosecution.”

Wehle also highlighted the personal stakes for President Biden, stating, “He faced jail time with these two convictions, and Donald Trump will be in charge of the federal Bureau of Prisons, so he would be in charge of Hunter Biden’s day-to-day life.”

Jeffrey Crouch, an expert on the pardon power, compared the scope of Hunter Biden’s clemency to President Gerald Ford’s 1974 pardon of Richard Nixon. “The language of the Hunter Biden pardon seems a bit similar to that in terms of its breadth,” he said.

Crouch clarified that a presidential pardon cannot be overturned, even by the Supreme Court. 

“You can stop something that hasn’t been completed, but you can’t take back a pardon that’s been completed,” Crouch said, emphasising the legal finality of Hunter Biden’s pardon.

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