Monday, December 2, 2024

The Sadly Predictable Trajectory of the Hunter Pardon

By Noah Rothman

Monday, December 02, 2024

 

Those of us who write about politics for a living spend a lot of time searching for the animating principles that motivate actors in American public life. A cynical sort would call that a fool’s errand. It is truer than it should be that politicians often respond to more atavistic impulses, and their rationales can often be parochial or even base. But it does violence to the civic compact when Americans come to expect that their elected representatives will, of course, prioritize themselves and their families over the country. The pageant surrounding Hunter Biden’s indictment, conviction, and pardon cements that pernicious impression.

 

When it came to Hunter’s sordid conduct, the voting public never believed the president. Despite the administration’s protests in its defense and Hunter’s, staggeringly large majorities believed the president’s son was guilty of the charges against him. A majority said they thought the government had provided Hunter with more favorable treatment than a less well-connected figure would receive from the Justice Department (because he was). And when a jury convicted Hunter Biden of the charges against him despite the government’s best efforts, most voters approved of that outcome. They told pollsters they believed that the president had benefited from his son’s indiscretions and that his interventions on his son’s behalf were inappropriate.

 

It’s reasonable to presume that voters never believed the president or his allies when they repeatedly assured their critics that Hunter Biden would never receive a presidential pardon. But that didn’t prevent Biden administration officials from saying, over and over again, that Hunter would receive fair justice.

 

“No,” the president said plainly when asked last year if he would commute his son’s sentence. “Yes,” he later added after David Muir inquired whether he had “ruled out a pardon.” His first press secretary refused to even “entertain” the “hypothetical” reporters kept asking about. His second couldn’t deny the contention enough, perhaps because the White House’s denials were so unsatisfying. “It’s still a no. It will be a no. It is a no, and I don’t have anything else to add,” an exacerbated Karine Jean-Pierre said as late as September. “’Will he pardon his son?’ ‘No.’”

 

Democrats insisted Biden would not do what he did last night, not just because it was so unseemly. They did so because it was politically advantageous and because the president’s action on his son’s behalf would betray the degree to which this administration had pulled on strings behind the scenes to secure Hunter Biden’s future all along. Indeed, the “full and unconditional” clemency granted to the president’s son, which immunizes him from any future prosecutions by Donald Trump’s DOJ, are reflective of the corrupt “sweetheart deal” Hunter was offered from the start.

 

Voters cannot be surprised by the fact that Democratic denials proved hollow. They watched Joe Biden sacrifice whatever political self-preservation instincts he possessed as he kept his last surviving son so close regardless of Hunter’s myriad liabilities. The president’s failure to successfully shield Hunter from the consequences of his own actions, Democrats argued, was a display of Joe Biden’s commitment to the rule of law. But now that the inevitable has occurred, Democrats are compelled to retreat to negative partisanship’s unsatisfying shibboleths to keep the party’s dispirited troops in line.

 

President Biden had no choice but to pardon his son, what with Donald Trump’s “intention to weaponize the FBI and the Justice Department,” the Bulwark’s Kim Wehle wrote. If the pardon isn’t indicative of the extent to which Joe Biden is a better public servant than Trump, it is at least evidence that he’s no worse than Trump. The “vast majority” of Trump’s pardons were granted to personal acquaintances or those of his allies, New York Times correspondent Peter Baker wrote, including Jared Kushner’s father, Charles. And if all that fails to grab you, at least the MAGA movement’s leading lights are rending garments this morning.

 

Perhaps the Daily Beast’s readers take some solace in seeing their adversaries properly owned, but there’s little comfort here available to anyone else. Voters may conclude that the use of the president’s absolute pardon power is less a check on other competing articles in the Constitution but a tool to insulate the great house to which the executive branch has been entrusted. If it comes to be seen as an instrument of corruption, voters will come to regard it — and those who wield it — with contempt. They may have reached that conclusion already.

 

The Hunter Biden saga has been an exercise in dissimulation of the worst sort — the kind that everyone recognizes is a farce. Joe Biden, his aides, and his allies all knew they were retailing a fiction when they promised Americans Hunter Biden would not receive special treatment, and their audiences knew they were being sold a bill of goods. The rote performance of it all is a sad coda to the Biden era. The outgoing president marketed himself as a remedy for what Democrats insisted was the corruption that prevailed in the Trump years. All he succeeded in doing was convincing the public that the misuse of presidential authority is the bipartisan status quo.

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