By Carol Lucas
So the word of the day, the topic for the week is “pardon.”
I decided to do a little research on why and how the Presidential pardon came about.
A presidential pardon excuses a person who has committed a crime from serving punishment. A pardon does not expunge, or erase, a criminal record or a finding of guilt. However, if any civil rights were lost due to the criminal conviction, those rights will be restored. This, according to Wikipedia.
George Washington granted the first high-profile federal pardon to leaders of the Whiskey Rebellion on his final day in office. From that time on, every president used the constitutional right to pardon those they felt had been unjustly accused, treated, or sentenced. Literally thousands over the course of our time as a nation have been pardoned, that number bolstered by the pardons for ex-Confederates.
Who was the only president to ever receive a pardon? Richard Nixon, who was granted a full and unconditional pardon in 1974 just before he could be indicted in the Watergate scandal.
So the idea of a pardon is neither unheard of, nor illegal. However, the latest brouhaha over a pardon comes with President Biden’s pardon of his son, Hunter. The initial hue and cry, even from some liberals, was that Biden had said previously he would not do so. Furthermore, they added, this will tarnish the father’s presidential record, and may even deprive him of his presidential library.
I can understand Biden’s action, especially when it has been pretty well documented that there were several technicalities of questionable legality within one of the cases. Additionally, there is almost no precedent for the aggression used in charging Hunter. Some have described it as a political “hit job.”
Nevertheless, Hunter Biden did commit the crime and was sentenced. And up until the time that Joe Biden stepped down from running for a second term, he refused to intervene in any way, letting justice run its course.
But then the dynamic changed. Biden removed himself as a candidate, the election was won by Donald Trump, and with that win came the volley of the president-elect’s cabinet candidates. What also came, or more accurately, persisted, were Trump’s threats of retribution. He was and is very open about those against whom he will throw the full force of his DOJ, and this includes Hunter Biden.
Unless you are a parent, you cannot possibly relate to the anguish of seeing your child in this kind of a situation. So now, all bets are off. You know your child (make no mistake, that person as an adult is still your child and will be until you take your last breath) is in the bullseye, and you have the ability to remove the threat. Hell, yes.
Meanwhile, let’s look at pardons on the other side of the political fence, and do a little evaluation. Remember those fine upright “patriots” of January 6 fame? Treason is the charge. Say it again, treason!
And yet the incoming president has made it clear that those who tried to overthrow the government, who defecated in the halls of the Capitol, who assaulted the Capitol police, resulting in the death of some, will be exonerated the first day he takes office.
Then there is Charles Kushner, father-in-law of Trump’s daughter, whom Donald Trump appointed to the job of U.S. ambassador to France this past week. Just as a sidebar, this is a man Trump pardoned four years ago. It seems that Mr. Kushner pleaded guilty to federal charges of tax evasion, campaign finance offenses and witness tampering and was sentenced to two years in prison in 2005.
And, of course, there are those in the dynasty of the first Trump administration who were found guilty of federal charges that mandated jail time: Paul Manafort, Roger Stone, Michael Flynn, Steve Bannon. They, too, were pardoned.
On the horizon comes the possibility of preemptive pardons. Again, Trump has made it clear on several occasions, the most recent being Sunday, Dec. 8, that he has a list of those whom he intends to have prosecuted, some for conducting inquiries into his part in the January 6 insurrection. His list includes Liz Cheney and Adam Kinzinger, both Republicans, both real conservatives. Of course Kamala Harris made the hit list as did Jack Smith and Anthony Fauci.
Joe Biden is said to be in conference with attorneys regarding the placement of these names as a group to receive pardons before Trump can conduct his vendetta.
In closing, I want to make this clear: given the circumstances, I believe Joe Biden did the right thing regarding his son. It’s about time Democrats take off the gloves and stop playing “nice guy.” It gets us nowhere. We’re heading down a dangerous path where leaders, elected to represent the people, are using their power for revenge. This isn’t about personal vendettas — it’s about the American people.
Carol Lucas is a retired high school teacher and a Lady’s Island resident. She is the author of the recently published “A Breath Away: One Woman’s Journey Through Widowhood.”
