How Hunter Biden's pardon is different than previous presidential pardons

The pardon covers offenses that were committed or may have been committed during the period from January 1, 2014 through December 1, 2024.

News Analysis

Hunter Biden, son of President Joe Biden, received a pardon from his father Dec. 1, after the elder Biden said repeatedly that he would not pardon his son for federal felony gun and tax convictions “under any circumstances.”

In June, Biden categorically ruled out a pardon for his son, telling the press “I abide by the jury decision. I will do that and I will not pardon him.” On Nov. 8 following the general election, White House Press Secretary Karine Jean-Pierre reiterated President Biden’s earlier statement to reporters, “We’ve been asked that question multiple times. Our answer stands, which is no.”

The pardon means Hunter Biden will avoid a prison sentence for federal felony gun and tax convictions, and comes just weeks before he was to be sentenced following his trial conviction in the gun case and guilty plea on the tax charges.

The extraordinary announcement of the pardon by President Biden comes less than two months before President-elect Donald Trump is set to take office.

Following the announcement of the pardon, Trump posted on Truth Social, “Does the Pardon given by Joe to Hunter include the January 6th Hostages? Such an abuse and miscarriage of justice!”

While it is the prerogative and practice under the U.S. Constitution of the top executive to grant pardons, this pardon differs from many previous presidential pardons because it goes beyond the scope of the younger Biden’s gun and tax charges, and is extended to crimes he may have “committed or may have taken part in during the period from January 1, 2014, through December 1, 2024,” according to the pardon by President Biden.

Biden said he pardoned his son because he believes he was the victim of a politically motivated prosecution, which is what Kash Patel, Trump's nominee to lead the FBI, has stated in numerous interviews that he wants to stop.

Republicans and Democrats alike rebuked the pardon, with Iowa Republican Sen. Chuck Grassley posting on X/Twitter, “I'm shocked Pres Biden pardoned his son Hunter because he said many many times he wouldn't & I believed him. Shame on me.” Grassley is the oldest sitting U.S. senator.

Colorado Gov. Jared Polis, a Democrat, said President Biden “put his family ahead of the country” and that the move would “tarnish his reputation.”

In a statement emailed to media following the announcement of the pardon the younger Biden vowed to devote the life he has rebuilt “to helping those who are still sick and suffering.”

“I have admitted and taken responsibility for my mistakes during the darkest days of my addiction – mistakes that have been exploited to publicly humiliate and shame me and my family for political sport,” Biden wrote.

Read the official text of the pardon by President Biden.