Hunter Biden's pardon exposes a deeper problem in our justice system

This is an adapted excerpt from the Dec. 2 episode of “The Beat with Ari Melber.”

When President Joe Biden entered office in the wake of the Jan. 6 attack on the United States Capitol, he promised to restore and respect the rule of law. After Hunter Biden got into legal trouble and was ultimately convicted in a case brought by a special counsel appointed by Biden’s own attorney general, the president stood by this promise, vowing repeatedly that he would not pardon his son.

But on Sunday, Biden broke that vow and issued Hunter Biden a full and unconditional pardon for any offenses he may have committed since Jan. 1, 2014. The move spares Biden’s son from serving any time in prison and insulates him from further actions from the incoming Trump administration. 

In a statement, the president said Hunter Biden was “selectively” and “unfairly” prosecuted. “In trying to break Hunter, they’ve tried to break me — and there’s no reason to believe it will stop here. Enough is enough,” Biden went on to write.

The president’s decision flatly breaks his vow and comes amid intense scrutiny over how justice in the United States is served. Initial reaction ranged from criticizing Biden’s reversal, with Colorado Gov. Jared Polis, a Democrat, calling it a “bad precedent” that will “sadly tarnish his reputation,” to others, including legal experts, noting the odd path that led to Hunter Biden’s conviction.

Sunday’s pardon muddies the very principles that Biden and his party argued were so fundamental to the contrast between Democrats and Donald Trump this election. While there is evidence that Hunter Biden’s treatment may have been unfair and arguably too harsh, that also applies to many other cases — cases with individuals who are not getting lenience because they don’t have political or elite connections.

That is the deeper problem here. If being singled out unfairly is grounds for a pardon, then thousands of lower-income and minority Americans could use the same lenience that was applied to the president’s son. And if prison seems like a harsh punishment for Hunter Biden’s addiction issues, it’s worth noting that about 20% of the national prison population is serving time for drug-related offenses.

During his time in office, Biden has issued 26 pardons. While more could come in the closing days of his presidency, so far, this is not an administration that’s used the same logic it has applied to Hunter Biden’s conviction for other Americans who say they’ve been unjustly targeted by the justice system. 

Although Democrats have led more on criminal justice reform than have Republicans, both parties have passed harsh, punitive policies. And now, both parties have had presidents using the pardon power for personal reasons. These are just facts. 

Now, the facts don’t make for a total numerical equivalence. Biden’s family pardon is his first and main use of the power for self-interest. Trump, on the other hand, has pardoned members of his family and a slew of aides who often kept his secrets, and thus the pardons likely helped Trump evade a full legal reckoning.

So while the math is not the same, the principle itself is a problem — especially in a justice system that, as we have reported on “The Beat” for years, runs differently for the rich and connected than for everyone else.

Allison Detzel contributed.