American (In)Justice

US Presidents ability to pardon peoples convictions were a perk of office .....

President Ford Pardons Richard Nixon

... a bit like Prime Ministers honours list in the UK.

The US constitution gives them the "power to grant reprieves and pardons for offences against the United States, except in cases of impeachment". However they were not intended to be used to pardon friends, supporters, or family who have committed crimes. For instance Washington and Adams pardoned people connected to the alcohol tax protest in the United States, beginning in 1791 and ending in 1794, known as the Whiskey Rebellion and those involved the Home Tax rebellion. These revolts had a large amount of public sympathy as the new country started taxing to raise revenues.

The next few presidents pardoned a few hundred people, including a notable number of pirates who had aided the US in conflicts with Britain and France. In fact, every president bar 2 (William Henry Harrison and James A Garfield who both died in office) issued pardons, often it seems on a whim, as the list includes mail robbers, acts of treason, mutineers, perjurers, anti-slavery agitators, forgers, former politicians (including a former President, Richard Nixon), drug takers, and Jimmy Hoffa .... in fact the virtually the whole gamut of crimes fall into the list, but not family members.

But then President Bill Clinton pardoned his younger musician half-brother, Roger Clinton, for a 1985 cocaine-related offence in 2001. This seems to have created something of a precedent in some peoples minds  .... well, one Donald Trumps mind at least.

So in 2020, Donald Trump pardoned Charles Kushner, the father of his son-in-law, Jared Kushner and his wife, Ivanka Trump. In 2005, he had been convicted of illegal campaign contributions, tax evasion, and witness tampering, after hiring a prostitute to seduce his brother-in-law, arranging to record the sexual encounter between the two, and then sending the tape to his sister ..... nice man eh?

In fact Trump just used the right to pardon when, and as he felt like. He pardoned a large number of political supporters, apparently applying his own standard of justice for his allies, such as former Representative Duncan D. Hunter, Republican of California, and his estranged wife Margaret who had both had pleaded guilty to charges of misusing campaign funds for personal expenses (sound familiar?), as well as all those supporters caught up in the legal battles and political scandals that erupted during his first presidency term.

In fact, more than half of the 20 convicts who Trump also pardoned in a first pre-Christmas wave of grants of clemency in 2020, did not meet the Justice Department guidelines for consideration of pardons or commutations ... According to Harvard Law School professor Jack Goldsmith, of the 65 pardons and commutations that Mr. Trump had granted in his first tranche of pardons, 60 had gone to petitioners who had a personal tie to Mr. Trump, or who helped promote his political objectives. Informal studies suggest that all the previous presidents had granted a far lower percentage of pardons to those who had helped them personally or politically.

This misuse of pardons had effectively reset the bar, and so in 2024 US President Joe Biden pardoned his son Hunter, who was facing sentencing for two criminal cases and likely prison time. This after the president had repeatedly said he would not give him clemency. His only comment after this act was a weak claim that his sons convictions for nine counts of federal tax fraud, and three felonies in connection with a gun purchase and ownership, were all 'politically motivated' ... ending with "I hope Americans will understand why a father and a President would come to this decision." 

These crimes are the same as many Americans in the prison system now, so I doubt that they think Hunter Biden's pardon is understandable or equitable and no doubt will see it as a two tier justice. Those with friends in high places get different outcomes from those who don't have such influence. That's the precedent that these family pardons are likely to create.

But with this official pardon for his son Hunter, the Democrats can really have no grounds in future to complain, no matter who Trump pardons when back in office ... in fact he's expected to pardon all his associates who have been prosecuted during the Biden presidency, and to free many who had been convicted of offences during the 6 January 2021 insurrection and assault on the US Capitol. 

These Presidential powers, that were once a perk to allow a US President to correct perceived wrongs or injustices, are now blatantly being abused for political and family gain. Maybe this perk of office should be removed, before the US Justice system falls into complete disrepute ....

Oh, and just for the record, President Biden has also issued presidential pardons to 39 Americans convicted of non-violent crimes, and commuted the sentences of nearly 1,500 other people, including some with drug offences, as part of his tranche of pardons. It was described as the most acts of presidential clemency issued in a single day. There is some suggestion that there may be more before he leaves office next month.