US President Joe Biden pardoned his son Hunter Biden after repeatedly vowing not to do so. Below is a look at the circumstances leading to the pardon and its legal consequences.
What did the pardon involve?
Hunter Biden was pardoned for his conviction by a jury in Delaware and a guilty plea in California. Hunter Biden was also pardoned for federal crimes “he committed or may have committed” between January 1, 2014, and the end of this year.
What crimes was Hunter Biden convicted of?
In June a Delaware jury found the president’s son guilty of lying about his addiction to illegal drugs on a disclosure form required to buy a gun. The trial included hours of embarrassing testimony about Hunter Biden’s drug addiction and reckless behavior. He was to be sentenced on December 12.
Biden separately pleaded guilty to criminal charges of failing to pay $1.4 million in taxes while spending lavishly on drugs, sex workers and luxury items. He was to be sentenced on December 16.
What punishment did Biden face?
He faced decades in prison, although sentencing guidelines suggested he was likely to receive a much less severe sentence.
For gun charges, sentencing guidelines are 15 to 21 months, although legal experts said defendants in similar situations receive lesser sentences and are less likely to be incarcerated if they follow the terms of their pre-trial release. The probability is less. Hunter Biden’s attorney told the judge that he was following his bail conditions, including taking a drug test to show he was not using illegal drugs.
A juror told CNN after the trial that he doesn’t think Hunter Biden belongs in jail.
Was there no plea deal?
Yes. Last June, Hunter Biden agreed to plead guilty to two misdemeanor charges of willfully failing to pay income taxes and a plea deal that would have spared him punishment on a gun-related charge. The agreement led to allegations by Republicans that Hunter Biden was getting favorable treatment as the president’s son. A federal judge questioned the comprehensiveness of that agreement and refused to approve it, paving the way for Hunter Biden’s trial on gun charges.
Could Hunter Biden be called to testify in any other case?
If the U.S. House of Representatives or the Justice Department decide to investigate the Biden family’s business dealings, as some Republicans have promised to do, Hunter Biden could potentially be called to testify. Before he could be pardoned, he could refuse to do so, citing his Fifth Amendment right against self-incrimination. Clemency may limit his ability to enforce that right, as he would no longer face criminal jeopardy for any federal crimes committed during the covered period. Presidential pardons do not protect people from prosecution for state crimes.
Is presidential pardon unusual?
No. Presidents, starting with the first US President, George Washington, have granted pardons. Gerald Ford pardoned his predecessor Richard Nixon, who resigned in disgrace, Bill Clinton pardoned his brother-in-law and Donald Trump pardoned Charles Kushner, a real estate developer and father of Trump’s son-in-law Jared Kushner. Gave.
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