Can Trump use his presidential pardons to his advantage when he gets into office?
The recent news of Hunter Biden’s pardon has reignited discussions about the power and potential abuse of presidential pardons.
Covering all bases before he leaves office, President Joe Biden has issued a full and unconditional pardon for his son Hunter, directly contradicting his previous public statements that he would not do so. Biden had repeatedly assured the public and press that he would not use his executive authority to pardon Hunter, who was facing potential prison time for federal tax and gun charges.
Mostly confused why Biden did it now and not like with literally five minutes left like most controversial pardons
— tyson brody (@tysonbrody) December 2, 2024
Previous presidents have issued controversial pardons, such as Gerald Ford’s pardon of Richard Nixon.
The presidential pardon power is broad but not unlimited. While presidents can pardon federal offenses, they cannot interfere with state prosecutions or civil actions.
With Trump’s history of controversial clemency decisions, how might he wield this constitutional power to his advantage in his second term?
How Trump could use the presidential pardon
Trump’s previous use of pardons offers a glimpse into his potential strategy. During his first term, he granted clemency to 143 individuals, many of whom had personal or political connections to him. This pattern of pardoning allies and supporters raised concerns about the use of clemency as a tool for self-interest rather than justice, but with Biden also doing the same there is little Democrats can offer as a rebuttal.
One of the most controversial aspects of Trump’s potential pardon strategy is his promise to pardon January 6th rioters if re-elected. This move could effectively nullify the Department of Justice’s extensive investigation into the Capitol insurrection.
Can Hunter Biden's pardon be overturned?
Hunter Biden crimes pardoned
Trump has also previously claimed he has the “absolute right” to pardon himself, a notion that remains legally untested and highly controversial. With the trials against him falling apart, this may not be undertaken.
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