‘No one is above the law,” Joe Biden tweeted in May. He probably should have added a caveat to that because his own son appears to be floating far above the scales of justice. On Sunday the president issued a “full and unconditional” pardon to his middle child, Hunter, who was facing possible prison time for convictions on gun and tax charges. Biden and his spokespeople had previously insisted – at least seven times – that the president would not pardon his 54-year-old son and Donald Trump is, predictably, having a field day with the U-turn.
A little background for those who haven’t been following the misadventures of Hunter Biden as closely as Republicans have. Despite the fact that, unlike Trump’s children, Hunter has never held a position in Biden’s administration, Republicans are obsessed with the man and have used his problems to attack the president. And Hunter has made this easy: he has a history of dubious business dealings and his struggles with addiction have led to numerous personal scandals that have been disgracefully weaponised. At one point, the Republican congresswoman Marjorie Taylor Greene showed nude photos of Hunter engaged in sex acts to the House oversight committee.
After years of legal and political scrutiny, Hunter pleaded guilty to nine federal tax charges in September. He was accused of failing to pay $1.4m in taxes between 2016 and 2019, while court documents allege he was spending millions on “an extravagant lifestyle” including “escorts” and pornography. As well as the tax charges, Hunter was also found guilty in June of lying about his drug use while buying a gun in 2018. He was due for sentencing later this month, before daddy swooped in with a get-out-of-jail-free card.
Pardoning friends and family isn’t unprecedented. Bill Clinton pardoned his half-brother Roger Clinton and Trump pardoned Charles Kushner, his son-in-law Jared Kushner’s father, along with various associates. But that doesn’t mean we should dismiss Biden pardoning his son as a nothingburger, as many liberals appear keen to do. It doesn’t make Biden – who, again, insisted on multiple occasions that he wouldn’t pardon his son and who made respecting the rule of law a fundamental part of his brand – any less of a hypocrite. It doesn’t make this any less damaging for people’s trust in politicians and institutions.
Biden, of course, doesn’t think of himself as a hypocrite. He has an excuse for his volte-face. One that sounds similarly like the excuses Trump has used to minimise his own legal troubles: he’s being persecuted! “No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son,” Biden wrote in a statement.
To be fair, that’s partly true. Even some Republicans have admitted “the average American” without a history of violent crime probably wouldn’t have gone to trial for Hunter’s gun case. But that doesn’t make the man any less guilty.
More broadly, it feels a little rich to complain about Hunter being persecuted for his name when Biden’s son has spent his entire life profiting from it. We’re not talking about some kid who was quietly trying to build his own life; we’re talking about a man who has consistently tried to squeeze as much money out of his connections to his dad as possible. Hunter’s business dealings in Ukraine and China arguably went well beyond run-of-the-mill nepotism and raised serious questions about conflicts of interest. Then there are Hunter’s terrible paintings, which have miraculously sold to 10 buyers for a total of $1.5m in recent years.
Look, I can certainly understand why Biden wants to protect his child. We all want to protect our children. But one thing Biden’s presidency and his enabling of what many experts have termed a genocide in Gaza has made clear, is that the law doesn’t protect all children equally. As I write this, the former Israeli defence minister Yoav Gallant – who has an active warrant for his arrest from the international criminal court (ICC) – is in New York before meeting with members of the Biden administration. His invitation to the US is essentially a middle finger to international law and the ICC from Biden, who has continuously shielded Israel from facing any sort of accountability. That’s a far bigger deal to me than Biden pardoning Hunter but it’s part of the same problem: a two-tiered justice system that routinely shields the powerful and punishes the powerless. Some people are born Hunters, others prey.
• Arwa Mahdawi is a Guardian columnist
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