Lame-duck pardon, broken promise: Biden leaves a legacy of corruption

The most shocking aspect of President Biden pardoning his own son, Hunter, may be that it was not in the least shocking, given the history of the Biden family. This abuse of the pardon power was widely anticipated even by his allies as the president repeatedly denied that he would ever do such a thing as he ran for reelection. Indeed, it may be the single most premeditated unethical act in political history.

However, it may not achieve what President Biden most hopes for: a clean slate for his son and himself in this massive corruption scandal.

Roughly two years ago, I wrote about how Biden might suddenly withdraw from the presidential race in 2024 and pardon his son as a lame-duck president. "The pardon-and-apology approach might appeal to Biden not only as an effort to convert vice into virtue but to justify his withdrawal from the election as a selfless act," I wrote.

I further noted: "Everyone in Washington would win — except, of course, the public: The Bidens would keep alleged millions in influence-peddling profits; Hunter would not even have to pay his full taxes; members of Congress and the media could avoid taking responsibility for burying the reports of corruption."

I wrote about the pardon option repeatedly because none of Hunter's bizarre (and ultimately unsuccessful) criminal defenses made sense unless he felt confident that his father would pardon him in the end. Hunter's taunting Congress with open contempt of a subpoena and his ridiculous defenses in court were not the actions of someone who feared consequences from these investigations. They were the actions of someone with a back-pocket pardon.

NBC is reporting that Hunter's pardon was being discussed in the White House for a long time, even as Biden and his staff were steadfastly denying that he would issue a pardon. As with his years of denying knowledge of Hunter's business dealings and meeting his clients, Biden simply lied over and over again to the public.

The eventual pardon restored what was a sweetheart deal reached with Special Counsel David Weiss that would have given Hunter immunity to the immediate charges and any unnamed criminal charges. It collapsed in court when Judge Maryellen Noreika expressed shock at such a deal and asked the prosecutor if he had ever seen such a deal offered to any other defendant. He admitted that he had not.

Now, President Biden has recreated an even more sweeping immunity grant through his own powers by pardoning his son not only for the crimes of which he was convicted, but of any crimes committed between Jan. 1, 2014 to Dec. 1, 2024.

Think on that. It would cover anything from perjury to murder.

Now it makes sense why Hunter seemed to be engaged in what I described as a "game of chicken with himself." As a criminal defense attorney, I noted that wild moves in and outside of the courts would make sense only if he knew that his dad would cover him in the end if everything went poorly — even as the president was assuring the public that he would never do such a thing.

In a final show of contempt for the American people, President Biden waited until a Sunday before an international trip to commit this unethical act. He brushed over his past lies by saying that "From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word." What he actually said, over and over again, was that he would never pardon his son.

For many in the media who helped bury this scandal and showed no interest in pursuing the influence-peddling operation of the Biden family, the pardon was met with uncomfortable shrugs. It is a measure of what you can call "Biden ethics." In the curious world of Joe Biden, a lie that no one believes is treated the same as the truth.

It is likely to work. There may be little interest in pursuing this corruption scandal with so much to get done in the new administration. However, it is not the absolute "get-out-of-jail-free" card that President Biden would like.

Hunter could still be called to testify before Congress or with investigators on the influence-peddling efforts. If he lies, it will be a new crime for which this pardon would not bar prosecution. He would no longer be able to count on a back-pocket pardon as an insurance policy.

Short of such continued investigation, the Bidens will have achieved something that would have made John Gotti blush. They were able to pull in millions of alleged influence-peddling proceeds. Hunter was showered with gifts and benefits, from a diamond to a luxury sports car. Various Biden family members reportedly received money from the operation. President Biden was himself accused of knowledge and possible benefits from the influence peddling. He will also be protected by this official act.

This is why I once wrote that the Bidens are the GOATs of influence peddling. While influence peddling is the most common form of corruption in Washington, this city has never seen the likes of the Bidens. The only thing greater than their appetite was their sheer audacity. 

In this statement on the pardon before fleeing the jurisdiction for a foreign trip, President Biden notably stated that "in trying to break Hunter, they’ve tried to break me." Indeed, this corruption scandal is as much about the president as it is about his son. And, as the president previously declared, “No one f---- with a Biden.”

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”