President Joe Biden's recent decision to pardon his son, Hunter Biden, has sparked controversy as it deviated from the usual process followed by the Justice Department's Office of the Pardon Attorney. Sources familiar with the situation revealed that Biden did not consult the pardon office, which typically processes pardon applications and provides advice to the president.
While Biden has traditionally relied on the pardon office for previous acts of clemency, his approach contrasts with that of former President Donald Trump, who frequently bypassed the office when granting pardons during his tenure.
The pardon granted to Hunter Biden, who faced convictions in two separate cases related to a gun purchase and taxes, falls within Biden's presidential authorities. This move comes after Biden had previously stated that he would not pardon his son.
The Office of the Pardon Attorney plays a crucial role in assisting presidents with executive clemency matters, including pardons and sentence commutations. Sources familiar with the process suggested that the pardon office may have determined Hunter Biden was not eligible for a pardon due to the absence of sentencing in either the gun or tax case.
Since taking office, President Biden has issued fewer than 30 individual pardons and has notably pardoned all prior federal offenses of simple marijuana possession. Additionally, he has commuted the sentences of over 100 individuals.
In contrast, former President Trump faced criticism for frequently circumventing the pardon office in granting more than 200 acts of clemency during his administration. The majority of these acts were reportedly not recommended by the pardon office, as highlighted in the Federal Sentencing Reporter.