The Presidential Pardon Authority: An Examination of Donald Trump and Joe Biden's Roles

The question of whether President-elect Donald Trump will accept Joe Biden's pardon of his son Hunter Biden as the final word has sparked much debate and controversy. In this article, we delve into the constitutional authority of a president to grant pardons and the implications of the transition of power.

Presidential Authority to Pardon Federal Crimes

As the constitution clearly states, a president's authority to pardon federal crimes is absolute. This power is vested in the executive branch and is exercisable until January 20, 2025. It is a fundamental aspect of the U.S. legal system, designed to ensure that the executive branch has the flexibility to address complex legal issues without undue restrictive oversight.

Key Points:

The president's pardon power is unreviewable. Pardons can be granted for any federal offense. The authority to pardon remains until January 20, 2025, the conclusion of Trump's term.

Why Trump Has No Say in the Matter

Considering the severe nature of political discourse during the 2020 election, Trump made numerous strong statements indicating that he is the hub of all U.S. legal authority. However, he is not to be confused with a divine figure. A president's authority to pardon is limited and must be exercised according to constitutional constraints.

Joe Biden's decision to pardon his son, Hunter Biden, must be viewed within the framework of the U.S. legal system, not as an imposition or a response to Trump's perceived overreach. The current president's actions should not be considered as trumping past administrations unless there is oversight or a legislative change.

Key Points:

Abuse of the pardon power can and will be reviewed by the judiciary. A president cannot initiate a prosecution; that is the responsibility of lower legal authorities. The pardon power serves as a balance of power within the executive branch.

Checks and Balances in the Political System

The concept of checks and balances is a cornerstone of the U.S. Constitution. It was deliberately crafted to prevent any one branch of government from becoming too powerful. The pardon power is one such example, designed to ensure that no single individual or branch of government wields complete control over legal processes.

Biden's decision to pardon Hunter Biden aligns with the idea of keeping the executive branch in check. This action demonstrates the president's respect for the system of checks and balances, which is vital for upholding the rule of law. While Trump may not be pleased with the decision, it does not change the validity or legality of the pardon.

Key Points:

Checks and balances are essential for a functioning democracy. The pardon power is a tool for maintaining a balance of power. Biden's actions reflect the system's intended design.

Conclusion: The Implications for Future Administrations

The question of presidential pardons and their implications for future administrations is a significant one. The decision to pardon Hunter Biden, while it may be met with cynicism or disapproval, is a step within the established legal and political framework. As we move forward, it is crucial for both presidents and the public to understand the limits and responsibilities of each role in the U.S. political system.

Key Points:

Pardons are an integral part of the U.S. legal system. President-elect Biden's actions are within the scope of his authority. The role of checks and balances ensures a balanced and equitable legal system.