What is Hunter Biden doing and what is a presidential pardon?

American President Joe Biden has issued a presidential pardon for his son Hunter, who was facing two criminal charges.

The move has proven controversial, as senior Biden officials have previously dismissed the move. But he said the charges against his son were politically related.

His use of his pardon power perpetuates a tradition of presidents on both sides of the American political party offering clemency to people close to them.

Hunter Biden was awaiting sentencing later this month on two federal charges.

In June, he became the first child of a sitting US president to be sentenced – in a case involving his wife. gun ownership. He was found guilty by a judge in Delaware of three counts of lying about his drug use on a form when he bought a gun.

He was still awaiting sentencing after pleading guilty in September in court tax liability that focuses on whether you paid enough tax from 2016-19. The nine charges include failure to file and pay his taxes, tax evasion and filing a false return.

He faced up to 25 years in prison on the gun charge and 17 years on the tax charge, though he could get a shorter sentence and serve two sentences concurrently, experts told The New York Times.

The US Constitution stipulates that the president has broad powers to “grant relief and pardon for crimes against the United States, except for impeachment”.

In this case, the president’s “full and unconditional pardon” includes any crimes that the younger Biden may have committed from January 2014 to December 2024.

A pardon represents a legal pardon, ending any other punishment and restoring rights such as the ability to vote or run for public office.

Although the power of pardon is considered broad, it is not unlimited. For example, the president can only issue pardons for federal crimes.

This issue is important because there is a question about the conviction of Donald Trump in his case of hush money in New York. He won’t be able to pardon himself in that federal case when he returns to the White House in January.

There is a long history of US presidents on both sides of the political divide issuing pardons – including to people close to them. This is the 26th amnesty issued by Bidena Democrat.

In 2020, TrumpRepublican, he pardoned Charles Kushner, the father-in-law of his daughter Ivanka. Kushner was sentenced to two years in prison in 2004 on charges including tax evasion, campaign finance charges and witness tampering.

And in 2001, Bill Clintonpardoned his younger brother, Roger Clinton, for a cocaine-related conviction that began in 1985.

In both cases, amnesty was granted to people who had already been sentenced. President Biden’s intervention in his son’s case comes before the sentencing.

Trump has granted 237 acts of clemency during his four years in the White House, according to the Pew Research Center, including 143 pardons and 94 commuted sentences. There are many who are busy before he leaves office.

That number is much less than his predecessor Barack Obamawho during his eight-year career provided 1,927 acts of kindness, according to Pew. These were 1,715 conversions and 212 remissions.

Trump is among those who attacked Biden for this move, which he described as “torture and a miscarriage of justice”.

The incoming president asked if Biden would again issue amnesty to those people who were prosecuted for this protest of January 6, 2021 – when Trump supporters rioted in the US Capitol building trying to prevent the verification of the result of the 2020 election.

Trump, who has faced a series of legal problems while away from the White House, has repeatedly alleged that the US justice system has been weaponized against him and his supporters.

He promised to issue his own amnesty to those who rebelled in Washington. But who exactly will be spared, and whether amnesty will extend to those convicted of the most serious and violent crimes, is still an open question.