Oxford dictionary: Pardon – the action of forgiving or being forgiven for an error or offense. “He obtained pardon for his sins.”
Readers may be aware that President Biden has received harsh criticism and a viral tide of rude gestures for pardoning his son, Hunter, whose crimes were tax evasion and lying about his drug use on paperwork used to buy a handgun.
For SHAME! No self-respecting American tries to cut corners on their taxes, right??? (OK, but besides all those Americans). And with 393 million guns in circulation, “proper paperwork” certainly wasn’t likely to reduce school shootings (76 so far this year) or the number of insurance executives shot dead in our streets (one so far).
Nonetheless, in today’s political environment the blowback was unsurprising, as Biden had repeatedly vowed not to pardon his son. But Hunter was facing up to 25 years imprisonment on the paperwork charge and 17 years on the tax charge, so Joe’s change-of-heart is certainly understandable. What parent wouldn’t spare their kid from prison if they could?
Fortunately for many in and out of politics, lying is not prohibited by the Constitution. But in Article II, Section 2, Clause 1 it clearly states: “The President . . . shall have Power to grant Reprieves and Pardons for Offences against the United States . . .”
Pardoning criminals is as American as apple pie. There’s even an official process whereby anyone guilty of a federal offense can seek a Presidential Pardon. So if your kid needs one, go to: https://www.justice.gov/pardon/file/898541/dl. It’s free.
Now, whether President Biden had “moral justification” for pardoning Hunter is a matter of opinion, not a constitutional requirement. For the moral standard, a review of past executive actions is helpful.
- Vice-president Aaron Burr’s political career ended after he killed Alexander Hamilton in a duel in New Jersey in 1804. Burr was not even charged and later went to New York where he (yes) practiced law.
- Though dueling was still illegal at the time, Andrew Jackson killed Charles Dickinson, an attorney, in an 1806 shootout. Jackson was not charged and was later elected President in 1829.
- In December, 1863, at the height of the Civil War, Abraham Lincoln forgave all insurrectionist/treasonist Confederate soldiers with a “Proclamation of Amnesty and Pardon.”
- Jefferson Davis, President of the Confederacy, was later pardoned by President Andrew Johnson, for Christmas in 1868.
- In 1974, President Gerald Ford pardoned former President Richard (Watergate) Nixon for “any crimes he may have committed” against the United States.
You can find the complete list of pardons-by-president on Wikipedia. They range from James Garfield (zero) to Franklin Roosevelt (3,687). Jimmy Carter granted 566 individual pardons and, in January, 1977, issued a proclamation forgiving more than 200,000 Viet Nam war “draft dodgers.”
But when it comes to Pardon Morality, look no further than Pontius Pilate, Roman governor of Judea, who set the global standard for Questionable Pardons. Per biblical accounts, having tried Jesus of Nazarath for blasphemy and believing him innocent, Pontius faced a hostile mob stirred up by local clerics who thought otherwise. Per Passover custom of the day, Pontius was to free a doomed prisoner, and asked the mob if he should release (pardon) Jesus or Barabbas, a ne’r-do-well guilty of rebellion, murder thievery, etc. Per the bible (not me!), the mob chose Barrabbas over . . . the Son of God? Now who let that happen??
Forgiveness is obviously a complicated business.
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