Quick Tip: Presidential Pardon Power

President Joe Biden today stated unequivocally that he will not pardon his son, Hunter, who was convicted of three federal gun felonies last week.

In his first public remarks on his son’s guilty verdict, Biden said, “I'm extremely proud of my son Hunter. He has overcome an addiction. He's one of the brightest, most decent men I know. And I am satisfied that I'm not going to do anything. I said I would abide by the jury's decision. I will do that. And I will not pardon him.”

President Biden’s decision underscores the personal and political complexities that can influence the exercise of the presidential pardon power. In contrast, there is speculation about whether Former President Trump might seek a pardon to pre-empt or mitigate federal charges he faces.

The U.S. Constitution grants the President of the United States significant authority to issue pardons for federal offenses. This power can be exercised before, during, or after a trial and applies to criminal but not civil contempt. Notably, it does not extend to state offenses, such as the 34 counts of falsifying business records for which a Manhattan jury found former President Trump guilty on May 30.

The pardon power, affirmed by the Supreme Court in Schick v. Reed (1974), cannot be restricted by Congress and includes commuting sentences under any terms that do not violate the Constitution. This power is a critical check on the judiciary, offering a path for mercy and correcting judicial errors, essential for maintaining justice and fairness within the federal legal system.