United States President Joe Biden reneged on his earlier promises and pardoned his son, Hunter Biden, ahead of a court’s sentencing on his gun possession and tax evasion charges. Some Republican and Democratic lawmakers have lashed out at Joe Biden for abusing the pardon power, and putting his family interests ahead of the country’s. Joe Biden has added his name to the list of former American presidents who dishonored their office by abusing the power to pardon. The US has often prided itself on being a defender of democracy and the rule of law, but its democratic system is decaying because of nepotism and partisan infighting. Joe Biden’s pardoning of his son has further unmasked the US’ hypocrisy on democracy and justice. The US’ democratic system has degenerated from “rule of law” into “rule of dad”.
Biden’s act of pardoning his son has infringed on the spirit of the US Constitution on clemency and showed his nepotism. Under the US Constitution, a president’s pardon aims to protect people from facing a miscarriage of justice and harsh punishment. So far, Biden has granted 27 pardons, whereas then-US president Donald Trump issued more than 140. In his son’s legal case, Biden has abused his presidential power to grant pardon to spare his son from a possible prison sentence, allowing him to walk away from convictions that were reached by due legal process. Biden has used the excuse that his son was prosecuted selectively and unfairly. Biden’s act of nepotism has set a very bad precedent for future presidents and stained the record of his presidency.
The US has been fond of criticizing the rule of law and judicial independence of other countries and jurisdictions. Biden’s merciful treatment of his son has unmasked the US’ hypocrisy. Biden is not the first president to pardon family members. Former American presidents also pardoned their families, friends, political allies and supporters. Trump pardoned his campaign advisers and top allies, including Steve Bannon, who was accused of defrauding hundreds of thousands of donors in a crowdfunding campaign to build a border wall. Trump also pardoned his son-in-law’s father, Charles Kushner, on tax evasion charges. Kushner has now been picked by Trump as the next US ambassador to France. Also, Bill Clinton pardoned his half brother, Roger Clinton, who had been convicted and served a prison sentence for drug crimes. Such abuses of presidential pardon power have tarnished the system of justice by meddling in prosecutors’ investigations and hampering fair trials. Presidents’ families and close supporters have been shielded from receiving legal punishment for breaking the law. These presidents’ pardons are naked self-serving clemencies, which have further eroded Americans’ faith that the US justice system is fair and equal for all. In fact, these clemencies are unfair to those who do not have fathers or friends in high places.
The US is moving from “rule of law” toward “rule of dad”, which is a sign of the decay among its democratic and legal systems. Biden and some former presidents have granted disgraceful pardons to benefit family members or close allies. With such glaring examples of injustice and hypocrisy, the US is in no position to lecture other countries or jurisdictions on rule of law and democracy
Meanwhile, Americans should be worried about the state of democracy in their nation. There are no checks and balances on how presidents exercise this power. There is no limit on the number of pardons that a president can grant in office without scrutiny by the US Congress. There are calls for Congress to enact laws to limit the presidential power to pardon. Many Americans have grown increasingly exhausted of politics and lost faith in democracy. It is a mockery for presidents to exploit the clemency system, which originally offered a mechanism for checking the power of the judiciary and ensuring the administration of justice.
In most Western countries, there are limitations on heads of state exercising the power to pardon, which are in stark contrast to the US, where presidents have broad power to issue pardons. In the UK, the pardon power is one of the historic royal prerogatives reserved to the British monarch. The British justice secretary bears responsibility for recommending the use of the pardon power to the monarch, and the power is rarely exercised. In France, the president can grant pardons, which are examined by the Ministry of Justice and the Directorate of Criminal Affairs and Pardons. The French authorities make their recommendation for the president to determine whether a pardon may be considered. If the decision is favorable, a pardon decree is adopted and signed by the French president, and countersigned by the prime minister and justice minister.
While American politicians frequently attack Hong Kong as “undemocratic”, the special administrative region’s chief executive has limited powers to pardon, and they are used judiciously. While the chief executive can exercise the pardon power and commute the penalties of prisoners based on the Basic Law, no chief executive has ever exercised the power to pardon anyone convicted of criminal offenses before all judicial proceedings are completed, or for any family members. If the chief executive decides to commute the sentence of a prisoner, it is based on recommendations made by the Long-term Prison Sentences Review Board. The board is an independent statutory body established under a local law. There is a well-established mechanism for the chief executive to exercise the pardon power and commute sentence penalties in the city.
The US is moving from “rule of law” toward “rule of dad”, which is a sign of the decay among its democratic and legal systems. Biden and some former presidents have granted disgraceful pardons to benefit family members or close allies. With such glaring examples of injustice and hypocrisy, the US is in no position to lecture other countries or jurisdictions on rule of law and democracy. Abuse of the power to pardon is very likely to get worse when Trump starts his second term in the White House, on Jan 20. He has just told NBC News that he is looking to pardon his supporters involved in the attack on the US Capitol on Jan 6, 2021 — as soon as his first day in office. “Pardon me” may well have a new meaning and become the norm in this decaying system.
The author is a member of the Beijing Municipal Committee of the Chinese People’s Political Consultative Conference, and founder and chairman of the One Country Two Systems Youth Forum.
The views do not necessarily reflect those of China Daily.
