Democrats Revisit Presidential Pardon Limits After Hunter Biden's Case

Created: JANUARY 25, 2025

Following President Biden's decision to pardon his son, Hunter, several House Democrats are reigniting discussions about implementing stricter controls on presidential clemency powers. While some defend the President's action, others express concern over its broad scope and potential for future misuse, setting the stage for a renewed debate on the issue.

The Bidens in July 2024

President Biden granted a full pardon to his son, Hunter. (AP Photo/Susan Walsh, File)

Rep. Steve Cohen (D-TN), a long-time advocate for restricting presidential pardon authority, has consistently introduced a constitutional amendment to address this issue. Although defending President Biden's decision, Cohen encouraged those critical of the pardon to support his proposed amendment. The amendment aims to prevent pardons for the president, their family, administration officials, campaign staff, and individuals involved in crimes committed on behalf of or at the direction of the president, citing potential conflicts of interest.

Several Democrats have voiced their apprehension regarding the wide-ranging nature of Hunter Biden's pardon. A spokesperson for Rep. Don Beyer (D-VA), a supporter of Cohen’s amendment, confirmed that the congressman's stance remains unchanged. Beyer previously criticized potential abuses of pardon powers, particularly in light of promises to pardon individuals involved in the January 6th Capitol riot.

Other Democrats, while open to discussing limitations on presidential pardons, have expressed differing views. Rep. Glenn Ivey (D-MD) suggested prioritizing clemency for individuals serving time for minor offenses, while Rep. Joaquin Castro (D-TX) emphasized the need for a broader conversation about the appropriate use of presidential pardons, especially when related to crimes potentially connected to the president.

Steve Cohen

Rep. Steve Cohen advocates for a constitutional amendment to limit presidential pardon powers. (Getty Images)

Republican lawmakers have expressed skepticism about limiting presidential pardon powers. Rep. Mike Ezell (R-MS) defended the existing system, while Rep. Ralph Norman (R-SC) warned against a "slippery slope" but criticized President Biden for allegedly "abusing" his pardon authority. House GOP Policy Chairman Gary Palmer (R-AL), while not commenting on limiting pardon powers, stressed the importance of retaining them.

Rep. Ralph Norman, R-S.C.

Rep. Ralph Norman expressed concerns about limiting presidential pardons. (Chip Somodevilla/Getty Images)

Hunter Biden’s pardon encompasses all potential offenses between 2014 and December 2024, including potential jail time for firearms and tax charges. President Biden defended his decision, accusing Republicans of unfairly targeting his son. House Speaker Mike Johnson (R-LA) criticized the pardon and promised forthcoming reforms to address concerns about the use of presidential clemency powers.

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