The Pardon of Hunter Biden
The anti-republican abuse of presidential authority
Other people can write about the hypocrisy of President Biden’s pardon of his son Hunter. And how he repeatedly said he wouldn’t do this. And how Donald Trump will use this decision to justify scads of galling pardons in the future. All that is important.
But I want to spend just a few paragraphs on something others probably won’t discuss much: That this pardon is anti-republican. It is contrary to our special system of government, especially the way we understand the obligations of citizen-leaders.
If you’ve read any of my writing over the last several years, you know I’ve been focused on republicanism. It’s what our framers had in mind when they created this astonishing nation. It differentiates America from just about every other state that’s ever been created. I’ve used republicanism to criticize the Supreme Court’s decision in Trump vs. United States, to encourage public service, to argue for the distribution of power. I’ve also used republicanism to criticize Donald Trump’s language, self-dealing, unsound appointments, abuses of power, and more.
President Biden’s pardon of his son Hunter also violates the spirit of republicanism. Republicanism is built on, among a few other things, the equality of citizens, civic virtue, and the common good.
Our leaders are not special. They are not royalty. They are citizens who temporarily hold public authority. Before serving, after serving, and while serving, they are equal to the rest of us. They are not above the law.
When they (and those they love) are subject to criminal prosecution, they deserve all of the protections other citizens possess. No fewer. But they do not deserve more. Allowing them special treatment creates a social hierarchy, and it undermines equality before the law. And it gives these temporary public servants more power than they ought to have in a system of limited state authority.
In a republic, all citizens, but especially our leaders, are expected to act with honesty and decency. Our leaders must model the best of republican citizenship. They must never abuse their power. They must only exercise the legitimate authority associated with their offices and in ways that advance the common good—the best interest of the community they serve. This means never using public power to enrich themselves. Never using public power to help friends or hurt opponents. Never using public power to advance the interests of their families.
Republicanism requires that our leaders put public gain ahead of private gain. It does not tolerate corruption, cronyism, or nepotism.
Hunter Biden has admitted to criminal behavior. He was investigated, charged, tried, and found (and pleaded) guilty.
It must be terribly difficult for a parent to watch a child be convicted of terrible crimes. But while serving as president, a citizen should not use that temporary authority to give preferential treatment to a family member. Although the Constitution says a president can pardon citizens for federal offenses, republicanism puts limits on what a president should do.
Our framers expected Americans to only choose the most virtuous citizens as president. Throughout our history, we’ve failed from time to time. As citizens we should take more seriously our duty to only elevate to our highest office people of the highest character. A virtuous president would not abuse the authority of the office by enriching friends or pardoning family members.
But Congress, consistent with the history of republicanism, should be allowed to put guardrails around the president’s pardon power. The history and tradition of that power suggests reasonable limits. If the US Supreme Court were to err (as it did in Trump vs. United States) and inflate the authority of the presidency such that the pardon power is deemed absolute, the states can and should amend that constitutional provision. Other presidents have used the pardon power in unseemly ways. This must stop.
President Biden’s pardon of Hunter is sweeping—excusing all crimes over a decade. It is unprecedented. It is anti-republican. And, I am very sorry to say, it dishonors us.