Pardons, Power, and Pandora's Box: Biden's Dangerous Precedent

A Presidential Pardon or a Family Get-Out-of-Jail-Free Card?

Ah, the perks of power. You get a nice office, a security detail, and apparently, the ability to magic away your son’s legal problems with a flourish of a pen. Joe Biden’s pardon of Hunter Biden - covering an entire decade of alleged and potential crimes - proves that the rules don’t apply to everyone.

Now, if you or I were caught dodging taxes, mishandling classified documents, or [insert scandal of the week here], we’d be up to our necks in legal fees while the government grinds us into dust. But if you’re the president’s kid? No worries, Dad’s got the ultimate “fixer” move.

The worst part? This isn't even shocking (anymore). We’ve reached the point where blatant abuses of power barely register because they happen so often. But just because we’re used to the stench, doesn’t mean we should stop noticing the rot. And yes, I’m a little behind vis-a-vis the ‘current news’, but don’t worry, I’m catching up (fuddy-duddy style).

Vote biden note stuck to side of a door — At least you'll never have the chance to again!

When Presidential Pardons Become Self-Serving

Presidential pardons were supposed to be about righting wrongs - correcting injustices, showing mercy where the legal system failed. What they were not meant for is turning the Oval Office into a royal court where favours get handed out like sweets at a child's birthday party.

I’ll start by saying this, whatever flimsy ‘legacy’ Joe Biden thought he could hang his hat on, has now been completely annihilated, it’s no longer up for discussion. Biden’s pardon of Hunter is the most blatant example of self-serving clemency in modern history.

He knew full well that letting the legal system run its course could have exposed his son - and by extension, his own administration - to uncomfortable scrutiny. So, instead of trusting the so-called ‘independent justice’ system (or perhaps he's just afraid of Trump), he played the one card that made it all disappear.

Now, let’s be fair - Biden isn’t the first president to abuse the pardon system, and he won’t be the last. But when the person getting the pardon is literally your own child, that’s next-level corruption. Imagine if a corporate CEO could legally erase a fraud investigation into their own family members.

We’d call it what it is: corruption.

And here’s where it gets even worse. Just as you thought Biden’s move was setting a dangerous precedent, Trump saw it and went, hold my beer, ah no he didn't, it was a Diet Coke...

Trump’s Turn: Pardoning the Unpardonable

Not to be outdone, Donald Trump decided to flex his own pardon power like a dictator handing out absolution to his most loyal henchmen. Over 1,500 pardons, including many of the goons who stormed the Capitol on January 6th.

Among them? Proud Boys leader Enrique Tarrio and Oath Keepers founder Stewart Rhodes - men convicted for literally trying to overturn an election - and a whole bunch of people who physically attacked police officers and the like (serious assault). You know, the kind of thing that, back in the day, might’ve led to actual consequences.

Trump’s message was clear: If you riot for me, if you’re loyal to me, you get a free pass. And that, ladies and gentlemen (and everyone else), is how democracy begins to die - one “forgiven” crime at a time.

Photo of a 'liberty' sign — Yeah ok, if you're 'in' with the President...

Of course, his supporters argue that he’s just standing up for “patriots” who were victims of a biased justice system, which, despite yours or my own political ‘beliefs’, if you look at it critically is a viewpoint worth discussion and analysis in its own right.

But here’s the thing - if you attempt to overthrow the government (or if that’s too sensationalist for you then how about – "interfere with the running of government using force"), then it doesn’t matter what your political beliefs are. That’s kind of a big deal.

I also get the feeling that if these pardoned people weren’t mostly white and say instead were brown-skinned, wearing kufis and shouting allegiance to a God other than Yahweh (that’s the God of the Old Testament in case you weren’t aware) then the dreaded “T” word would probably have come out and these people may have found themselves in Guantanamo as opposed to being ‘pardoned’. Pardon? Yes, sorry, I know, "in prison", I just wanted to make a point. Bugger me.

The point is, Biden FUCT it, and boy did he do it badly. He’s essentially paved the way, now all we need is for enough nutters and megalomaniacs to follow his example (and it’s already begun). Not just when it comes to ‘pardons’, but the emboldening of utter, in-your-face, out-in-the-open abuses of power. What the heck are WE supposed to do if that kind of power ever comes knocking on OUR door? Hold the phone…

The ‘No One Is Above the Law’ Fairy Tale

Remember that old chestnut? “No one is above the law.” What a laugh. If that were remotely true, neither Biden nor Trump would have been able to flex their presidential muscle to protect their own.

Let’s be real: laws are for us, not for them. If you’re rich, powerful, or well connected, you get second, third, and fourth chances. I make this point however broadly in my post about crime, desperation and a broken system and it’s as such that if you’re an average citizen, you get fined, jailed, or financially ruined for daring to make a mistake.

And the worst part? This is just the beginning. If Biden and Trump both got away with using the pardon power like a personal eraser, what’s stopping future presidents from taking it even further? Because you know they will.

Counterpoint: Heads of State should have pardoning power!

Now, let’s be fair and look at the other side of the argument. Some say the pardon power exists for a reason and they’re fuc*ing right! There have been legitimate cases where it was used to correct wrongful convictions or commute excessively harsh sentences. If a president has the power to execute laws, shouldn’t they also have the power to correct them when they go too far?

Fair point. But the problem is, when that power is left unchecked, it inevitably becomes a tool for personal or political gain. There’s a massive difference between pardoning an innocent person wrongfully convicted and pardoning your own family members or political allies.

Historically, pardons have been used to rectify wrongful convictions and commute disproportionately severe sentences.

For instance, President Abraham Lincoln used his pardon power to commute sentences of Union deserters during the Civil War, recognizing the complex human factors at play.

However, the crux of the issue lies in the potential for abuse when this power is unchecked. There's a vast difference between pardoning individuals who have been wronged by the system and using the pardon as a tool to shield one's own family or political allies. The framers of the Constitution were wary of such potential abuses. During the ratification debates, concerns were raised that the presidential pardon power could be exploited, allowing a president to conspire with others in treasonable activities with impunity.

Moreover, while the pardon power is broad, it's not without limits. It applies solely to federal offenses, not state crimes or civil cases. This means that a president cannot pardon someone for violations of state law.

In essence, while the pardon power serves as a vital tool for justice and yes, mercy (heaven forbid), its potential for misuse necessitates a discussion on implementing checks to prevent self-serving applications.

The United States prides itself on a system of checks and balances, yet the pardon power is essentially a monarch’s privilege. No oversight, no accountability — just one person deciding who gets to walk free. That’s not democracy; that’s dynasty-building.

Man protesting. Holding a 'Liberty & justice for ALL' sign. — Now there's a thought...

Time to Rein in the Pardon Power?

Well, I’m not saying scrap pardons altogether. There are cases where they make sense - wrongful convictions, excessive sentencing, people trapped in legal nightmares for non-violent offenses. But that’s not what’s happening here. What we’re seeing is power protecting power.

Maybe it’s time for some actual rules?

Like, I don’t know, how about presidents can’t pardon their own relatives, political allies, or people who committed crimes that directly benefited them? Seems like a no-brainer, but probably a bit too much of a stretch for the tiny minds of some of our elected officials (or their sense of ‘self-preservation’ above all else).

Or maybe, just maybe, these decisions shouldn’t be left to one person who happens to have the most powerful pen in the country. Why not have a cross-party committee that looks at pardons and has to come to a majority agreement to be able to enact one?

There are committees for just about every bloody thing else, so why not this?

So, what's the solution? Heck it's not about abolishing the pardon power altogether; it's about introducing safeguards to prevent its abuse. And yes, a cross-party committee to review pardon requests could be one of them, but however it manifests, it would need to simply ensure that decisions are made based on justice rather than personal or political gain.

This would introduce a layer of accountability currently absent and even make it ‘against the law’ for one person in authority to abuse the pardon power in their own self-interest (groundbreaking stuff, eh?) Hah as if.

I mean, look beyond the United States - other democracies manage to do this without turning it into a reality TV show. Take Canada (sorry) for instance, where the royal prerogative of mercy is exercised by the Governor General on the advice of a cabinet minister, typically the Minister of Public Safety.

Yes, it involves multiple layers of dull, polite bureaucracy, and I assume at least one maple syrup break, but crucially, it ensures pardons are granted after actual scrutiny, rather than just when some bloke (not saying that another gender wouldn't either...) in power fancies it. It’s not perfect and fuc’ing boring, but at least it doesn’t resemble a dictator's Christmas giveaway list.

History also provides lessons on the importance of checks on executive power. The Watergate scandal of the 1970s is a prime example. President Richard Nixon's involvement in the cover-up of a break-in at the Democratic National Committee headquarters led to a constitutional crisis. The subsequent investigation and Nixon's resignation underscored the necessity of holding the executive branch accountable and led to reforms aimed at increasing transparency and oversight.

Pardons: Where Do You Stand?

Yes, ‘stand’, NO sitting on the fence allowed, here’s the deal:

How much power should one person really have? If we claim to believe in democracy, should any president - Biden, Trump, or whoever comes next just be handed the ability to overrule justice with zero accountability?

Do you think Biden was justified in pardoning his son? Do you think Trump was right to pardon the people who literally attacked the Capitol? Or do you think both of them have shown us why the system is rigged?

Either way, this conversation needs to happen. If we just shrug and move on, we’ll be giving future leaders permission to keep pushing the limits - until there are no limits left at all.

Let’s talk about it more as a society and I dunno, maybe do something about it?

For now, I’m FUCT (and you can be too).