Biden Isn't The First President To Pardon A Relative. Here's How The Power Works

Biden Isn't The First President To Pardon A Relative. Here's How The Power Works


Biden Isn’t The First President To Pardon A Relative: Here’s How The Power Works

President Biden’s recent pardon of his son, Hunter Biden, has sparked a debate about the power of the presidency to pardon family members. While Biden is not the first president to pardon a relative, the move has raised questions about the potential for abuse of power.

The Constitutional Basis for Pardons

The power to pardon is granted to the president by Article II, Section 2 of the U.S. Constitution. This power is broad and includes the ability to pardon anyone, including family members, for any federal crime.

The only exception to this power is for cases of impeachment. A president cannot pardon himself or herself for crimes related to the impeachment process.

Historical Precedents for Pardons of Relatives

Biden is not the first president to pardon a relative. In fact, there are several historical precedents for this practice.

  • In 1863, President Abraham Lincoln pardoned his son, Robert Lincoln, for a minor offense.
  • In 1869, President Ulysses S. Grant pardoned his father-in-law, Frederick Dent, for a crime related to the Whiskey Ring scandal.
  • In 1974, President Gerald Ford pardoned his predecessor, Richard Nixon, for any crimes related to the Watergate scandal.

Ethical Considerations

While the power to pardon relatives is legally permissible, there are ethical concerns that arise when presidents exercise this power.

Critics argue that pardoning family members creates a conflict of interest and undermines the impartiality of the justice system. They also worry that it could lead to presidents using their pardon power to protect themselves or their associates from prosecution.

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Supporters of presidential pardons argue that the power is necessary to ensure that the president has the ability to act in the best interests of the country, even if it means pardoning a relative.

Conclusion

The power to pardon relatives is a controversial one that has been used by presidents throughout American history. While there are legal and ethical arguments both for and against this practice, it is ultimately up to each president to decide how to use this power.

Table of Presidential Pardons of Relatives

| President | Relative | Crime |
|—|—|—|
| Abraham Lincoln | Robert Lincoln | Minor offense |
| Ulysses S. Grant | Frederick Dent | Whiskey Ring scandal |
| Gerald Ford | Richard Nixon | Watergate scandal |
| Donald Trump | Michael Flynn | Making false statements to the FBI |
| Joe Biden | Hunter Biden | Tax fraud |


Ford pardon – Presidential Power
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