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The President’s Dilemma: Weighing Justice, Hunter, and Legacy


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President Joe Biden faces an unprecedented and deeply personal decision: whether to pardon or commute the sentences of his son, Hunter Biden, who is set to be sentenced in two separate criminal cases this December. These cases—one involving a 2018 gun purchase while struggling with drug addiction and the other for tax fraud—pose not just legal and familial challenges but also political and historical ones.  

 

On December 12, Hunter Biden will appear in federal court in Delaware for sentencing on the gun charge, a case that has drawn scrutiny for its unusual nature. A few days later, he faces sentencing in Los Angeles for tax fraud, having pleaded guilty to failing to pay $1.4 million in taxes. Sentencing guidelines suggest Hunter could face over a year in prison for the gun charge and two to three years for tax fraud, though these recommendations are not binding.  

 

The possibility of President Biden intervening has been the subject of speculation for months. While he has publicly stated that he would not pardon his son—a stance reiterated by the White House following Donald Trump’s electoral victory—circumstances may prompt a reassessment. A commutation, which would reduce or eliminate prison time without erasing the conviction, could be a middle ground. Such an act would not absolve Hunter Biden but could spare him and the Biden family significant anguish.  

 

The cases against Hunter Biden have drawn criticism for their selective nature. Legal experts note that the gun charge is almost without precedent, and tax disputes are often resolved through fines or repayment rather than criminal prosecution. Many argue that political pressures, particularly from Trump and his allies, were instrumental in bringing these charges forward. The president may view this context as a justification for leniency.  

 

If Hunter Biden receives a probation sentence in Delaware, a presidential pardon or commutation might not be necessary. However, the tax fraud case in Los Angeles poses greater risks, as the financial sums involved and the more serious guidelines increase the likelihood of a prison term.  

 

President Biden’s decision will have profound implications for his legacy, the Democratic Party, and the broader perception of justice. His political standing has already taken a hit with Trump’s return to the White House, and many Democrats have blamed him for the party’s struggles in the 2024 election. But Biden may ultimately prioritize his role as a father over the political fallout.  

 

“This is his son,” underscores the core of the dilemma. Whether the president chooses to act or abstain, the decision will carry weighty consequences. A commutation, if issued, would demonstrate mercy in the face of familial hardship while avoiding the full implications of a pardon. Yet even this measured act would invite criticism, given the political climate and the scrutiny surrounding the Biden family.  

 

As sentencing dates approach, the president’s choice remains unclear, but it will undoubtedly stand as one of the most consequential and personal decisions of his career.

 

Based on a report by Politico 2024-11-27

 

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