This decision comes as a stark reversal from his previous stance, where he had repeatedly asserted that he would not use his authority to pardon his son or commute his sentence.
Hunter Biden was set to face sentencing on December 12 for his conviction on federal gun charges, and again on December 16 for federal tax evasion charges, to which he pleaded guilty in September.
According to CNN, the pardon is anticipated to cover both the gun charges conviction and the guilty plea. A senior White House official revealed that Biden made the decision to grant his son a pardon over the weekend and began informing his senior aides on Sunday. This move to ensure Hunter Biden does not serve jail time comes as the 82-year-old President nears the end of his term with no future election to face.
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Despite his previous assertions, President Biden has been discussing the possibility of pardoning his son since at least June, following Hunter Biden's conviction. "I will not pardon him," the President had stated in June after his son was found guilty on three federal gun charges. However, insiders reveal that the option of a pardon remained on the table, despite public statements to the contrary.
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When asked about the President's commitment to not issuing clemency for his son, White House spokesperson Andrew Bates stated, "The President has spoken to this." Pressed on whether Biden's position has changed, Bates replied, "I don’t have anything to add what he said already."
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First Lady Jill Biden has also previously stated that 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 with NBC News in June.
Hunter Biden's criminal trial in June was a first, involving the child of a sitting President. If he had been pardoned after the trial, it would have sparked a political uproar for his father, who was campaigning for re-election. Republicans have long criticized Hunter Biden for his foreign business dealings and accused him and the President of corruption. They have also argued that Hunter Biden was receiving special treatment by the Justice Department due to his father's political power.
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The 12 counts Hunter Biden is convicted of or pled guilty to carry a maximum prison sentence of 42 years. However, maximum sentences are typically not given out for convictions of these crimes. The Justice Department has stated that while the tax charges carry a maximum sentence of 17 years in prison, sentences are typically less than that.
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Despite the controversy surrounding the decision, some believe that the President made the right choice. Neil Eggleston, former White House Counsel to President Obama, stated, "If I were his White House counsel, I would encourage him to pardon his son, Hunter. The clemency power has few limitations and certainly would extend to a Hunter Biden pardon." This sentiment is echoed by other former Justice Department and White House officials involved in presidential pardons, who believe Biden should exercise this power in advance of the incoming Trump administration.