Biden Pardons Hunter — But He Cannot Stop There

It's long past due that Joe Biden lead from the front and use the awesome power of the Presidency to protect the most marginalized in America

President Biden has pardoned his son, Hunter Biden, of all the federal charges against him. While this is triggering partisan outrage, the real issue isn’t whether Hunter receives a pardon—it is whether Biden goes further? With his presidency nearing its conclusion, Biden has the opportunity to take transformative action to uphold justice, protect democracy, and slow the MAGA agenda. But will he? Let’s Address This.

It never made sense to me that Joe Biden promised to never pardon Hunter. We all knew this was a false promise, and yesterday we were all proven right. Biden’s flip-flopping has helped no one, and given MAGA Republicans fodder to claim outrage. That said, a closer look shows the MAGA outrage is performative and nothing more. And the receipts are worth citing when critics try to equivocate between Trump and Biden on the issue of Presidential pardons.

Trump Pardoned War Criminals, Cronies, and His Family

First, let’s put things in perspective. There is no equivocation between Joe Biden flip flopping and eventually pardoning his son Hunter to protect him from malicious GOP prosecution, and Donald Trump literally pardoning white supremacists like Sheriff Joe Arpaio and convicted murderous war criminals like Eddie Gallagher, and his own family criminal syndicate.

Trump pardoned 15 people, including Dustin Heard (from left), Evan Liberty, Nicholas Slatten and Paul Slough, the four former government contractors convicted for a 2007 massacre in Baghdad that murdered more than a dozen Iraqi civilians. [Photo Credit: AP]

Donald Trump granted clemency to dozens of individuals whose actions embodied the worst abuses of power. Among them were convicted war criminals like:

1. Clint Lorance: Convicted of second-degree murder for ordering his troops to fire on unarmed Afghan civilians, killing two men in 2012.

2. Mathew Golsteyn: Accused of murdering an unarmed Afghan detainee in 2010 and burying his body, an act Golsteyn admitted to.

3. Edward Gallagher: A Navy SEAL convicted of posing with the corpse of a teenage ISIS fighter he was accused of stabbing to death in Iraq in 2017. Gallagher’s own team testified about his history of shooting civilians and other alleged war crimes.

Trump’s pardons of these men were condemned by senior military leaders, legal experts, and veterans who argued they undermined the rule of law and U.S. military ethics. Yet MAGA Republicans celebrated these actions as bold, patriotic moves.

It wasn’t just war criminals, Trump pardoned plenty of political allies guilty of major crimes. Here’s a short list for consideration:

• Michael Flynn: Lying to the FBI about Russian contacts.

• Paul Manafort: Tax fraud, bank fraud, and hiding foreign accounts.

• Roger Stone: Witness tampering, obstruction of justice, and lying to Congress.

• Steve Bannon: Fraud related to the "We Build the Wall" fundraiser.

• George Papadopoulos: Lying to the FBI about Russian contacts.

• Alex van der Zwaan: Lying to investigators about Ukraine.

And it wasn’t just major criminals, Trump also pardoned his own family. For example, he pardoned Charles Kushner, his son-in-law Jared Kushner’s father, who was convicted of federal tax evasion, illegal campaign contributions, and witness tampering. Prosecuted by former Republican presidential candidate Chris Christie, the crimes were described as “one of the most loathsome, disgusting crimes” Christie had ever seen. Yet not only did Trump pardon Charles Kushner, but has also now appointed Charles Kushner as Ambassador to France.

And finally, the lack of self awareness from Republicans is truly breathtaking. Consider my response to convicted felon Dinesh D’Souza, whom Trump pardoned, as he pretended to claim he cares about rule of law.

MAGA’s hypocrisy is glaring. The same people who cheered Trump’s pardons of war criminals and corrupt family members now express outrage over Hunter Biden’s nominal drug charges, despite his willingness to address his legal issues. The double standard is undeniable. But we cannot stop the conversation at merely calling out MAGA hypocrisy. We must also delve into affirmatively upholding justice and human rights for all Americans. What does that look like?

Biden Must Go Beyond Hunter

If Biden is willing to pardon Hunter—and he has—then it is just one more reason why he must act on other pressing injustices as well. Right now some 40 Americans remain on federal death row, their lives at risk due to a system riddled with racial bias and wrongful convictions. Remember, 1 in 11 Americans executed are later proved innocent all along. Knowing this, Trump reinstated federal executions after a 17-year moratorium, rushing through executions in his final months. Biden can and must commute these sentences to life in prison, signaling his commitment to justice. And given the massive racial injustice and disproportionate targeting of Black Americans (note, half of all death row exonerations are of Black people), this is a powerful opportunity for Biden to protect racial justice in America. Finally, as I’ve pointed out before, abolishing the death penalty is not just morally correct, it is also fiscally wise.

Protecting Abortion Access and Cancelling Student Debt

Beyond clemency, Biden can and should use his executive authority to address other urgent issues. Abortion access remains under attack nationwide, leaving millions without the care they need. Biden could issue an executive order protecting abortion access at the federal level, buying time and creating legal obstacles to slow down future MAGA rollbacks.

Similarly, Biden has the authority to cancel all student debt through executive action. He has already used his authority as President to cancel $175B in student debt. Now its time to finish the job, as they say. Such a move would lift the financial burden off 40 million Americans shackled by $1.7 trillion in debt—many of whom face compounding interest rates designed to exploit them. And if Trump wants to try to reverse this executive order, then let him try. Let Trump explain to 40 million hard working Americans why the exploitative debt they were just released from, is now being tied to them once more—all while Trump cancels another $2 trillion in taxes for America’s 815 wealthiest billionaires.

Justice Over Politics

Abolishing the federal death penalty, protecting abortion access, and canceling student debt is not just the right thing to do, these moves would also fulfill campaign promises Biden made 4 years ago, and create meaningful barriers to MAGA authoritarianism in the years ahead.

Meanwhile, MAGA Republicans have proven they care not for justice or accountability. They’ve celebrated Trump’s blatant abuses of power, from pardoning war criminals to rehabilitating family members convicted of grotesque crimes, to grifting off the Holy Bible for personal profit. Democrats must stop worrying about MAGA’s bad-faith attacks and focus instead on protecting the rights of the American people. Biden must act boldly, decisively, and without apology. Justice demands it, and the future of our country depends on it.