By Tom Hals, Reuters
US President Joe Biden has pardoned his son, Hunter Biden. Photo: Mandel NGAN / AFP
US President Joe Biden pardoned his son Hunter Biden after repeatedly pledging not to. Below is a look at the circumstances leading up to the pardon and its legal consequences.
What did the pardon cover?
Hunter Biden was pardoned for his conviction by a jury in Delaware and a guilty plea in California. Hunter Biden was also pardoned for federal crimes "he committed or may have committed" between 1 January 2014 through the end of this year.
What crimes was Hunter Biden convicted of?
A Delaware jury in June found the president's son guilty of lying about his addiction to illegal drugs on a disclosure form that is required to purchase a firearm. The trial included hours of embarrassing testimony about Hunter Biden's addiction to crack and reckless behaviour. He was scheduled to be sentenced on 12 December.
Biden separately pleaded guilty to criminal charges of failing to pay US$1.4 million (NZ$2.43m) in taxes while spending lavishly on drugs, sex workers and luxury items. He was scheduled to be sentenced on 16 December.
What sentence was Biden facing?
He was facing decades in prison, although sentencing guidelines suggested he was likely to receive a much less severe punishment.
For the gun charges, sentencing guidelines are 15 to 21 months, although legal experts said defendants in similar situations receive shorter sentences and are less likely to be incarcerated if they abide by the terms of their pretrial release. Hunter Biden's attorney had told the judge that he was complying with terms of his bail, which included drug testing to show he was not using illegal drugs.
A juror told CNN after the trial they did not think Hunter Biden belonged in prison.
Wasn't there a plea deal?
Yes. In June last year Hunter Biden agreed to plead guilty to two misdemeanour charges of wilfully failing to pay income taxes and an agreement that would have spared him a conviction on a gun-related charge. The agreement prompted accusations by Republicans that Hunter Biden is receiving favourable treatment as the president's son. A federal judge questioned the breadth of that agreement and declined to accept it, paving the way for Hunter Biden's trial on gun charges.
Could Hunter Biden be called to testify in another case?
If the US House of Representatives or the Justice Department decides to probe the Biden family business dealings, as some Republicans have promised to do, Hunter Biden could potentially be called to testify. Before he was pardoned, he could have declined to do so, citing his Fifth Amendment right against self-incrimination. The pardon could limit his ability to invoke that right, because he no longer faces criminal jeopardy for any federal crimes committed during the period covered. Presidential pardons do not protect people from prosecution for state crimes.
Are presidential pardons unusual?
No. Presidents beginning with George Washington, the first US president, have granted pardons. Gerald Ford pardoned his predecessor Richard Nixon, who had resigned in disgrace, Bill Clinton pardoned his brother-in-law and Donald Trump pardoned Charles Kushner, a real estate developer and the father of Trump's son-in-law, Jared Kushner.
- Reuters