President Joe Biden has decided to pardon his son Hunter and plans to make the announcement Sunday night, NBC News has learned exclusively, citing a senior White House official with direct knowledge of the decision.
The decision marks a change in policy for the president, who has repeatedly said he would not use his executive powers to pardon or commute his son’s sentence. The pardon comes ahead of Hunter Biden’s Dec. 12 sentencing on federal firearms charges. Hunter Biden is also scheduled to be sentenced on December 16th in a separate criminal case after pleading guilty to federal tax evasion charges in September.
The pardon is expected to cover both Hunter Biden’s conviction and guilty plea on firearms charges, according to people with direct knowledge of the discussions.
A White House official said Mr. Biden decided to pardon his son this weekend and began notifying senior aides on Sunday.
With the 82-year-old president nearing the end of his term in the White House and no future elections, he will use his pardon power to ensure Hunter Biden does not spend any time in prison. Biden has said in recent months that he would not pardon or commute his son’s sentence.
“I will not forgive him,” the president said of his son in June after a jury convicted him on three federal firearms charges.
President Biden has been discussing pardoning his son with some of his aides since at least the time Hunter Biden was convicted in June, according to two people with direct knowledge of discussions on the matter. They said a decision was made at the time for the president to publicly state that he would not pardon his son, but it was still on the table.
White House press secretary Karine Jean-Pierre told reporters earlier this month that the president’s position had not changed.
“We’ve been asked that question many times. Our answer is no,” she said.
Asked Monday if the president still stands by his intention not to pardon his son, White House press secretary Andrew Bates said: “The president is discussing this matter.” Asked whether Mr. Biden’s position had changed, Mr. Bates said: “I have nothing to add to what Mr. Biden has already said.”
First Lady Jill Biden also said her husband would not forgive their son.
“Joe and I both respect the justice system, and that’s fundamental,” Jill Biden said in an interview with NBC News in June.
Hunter Biden’s criminal trial in June was the first involving a child of a sitting president.
Had Hunter Biden been pardoned after the conclusion of his trial, the move would have sparked a political firestorm for his father, who was campaigning for re-election. Republicans have long attacked Hunter Biden over his overseas business dealings and accused him and the president of corruption. They also claim that Hunter Biden received special treatment from the Justice Department because of his father’s political power.
Republican criticism reached a fever pitch in July 2023 when Hunter Biden struck a plea deal with federal prosecutors on tax and gun charges, but the deal fell apart when a judge questioned it. This development led to Attorney General Merrick Garland weeks later appointing U.S. Attorney David Weiss as special counsel to investigate Hunter Biden.
President Biden withdrew from the presidential race in July, but Tuesday’s pre-election pardon could also spark a political backlash against Vice President Kamala Harris’ candidacy on the Democratic ticket.
Combined, Hunter Biden’s 12 charges carry a maximum sentence of 42 years in prison or a conviction. However, convictions for these crimes typically do not result in maximum sentences. For example, the Justice Department says tax-related charges carry a maximum penalty of 17 years in prison, but sentences are usually shorter.
Asked in a June interview if he would rule out pardoning his son, Biden said, “Yes.”
Days after Hunter Biden was found guilty of federal gun charges by a jury in his hometown of Wilmington, Delaware, President Biden issued a statement saying he would respect the results. He later told reporters he would abide by the jury’s decision.
“I’m extremely proud of my son Hunter,” Biden said. “He has overcome his addiction. He is one of the smartest, most decent men I know, and I am content to do nothing. I will abide by the jury’s decision. I said, “I will, and I will not forgive him.”
Neil Eggleston, who served as President Obama’s White House legal adviser, told NBC News that he intended to advise Mr. Biden to pardon his son, but said he had not been contacted or consulted by the current White House about preparing a pardon. Not yet.
“If I were his White House adviser, I would encourage him to pardon his son Hunter,” Eggleston said. “There are few limits to pardon power, and it certainly extends to Hunter Biden’s pardon.”
Eggleston’s opinion that the president should pardon his son is echoed by other former Justice Department and White House officials who have previously worked on presidential pardons, who told NBC News that Biden He said he believes this authority should be exercised ahead of the incoming Trump administration.
Monica Alba also contributed.
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