Summary

  • US President Joe Biden has issued an official pardon for his son Hunter, who was set to face sentencing this month on federal felony gun and tax convictions

  • Republicans have criticised Biden's decision, after the president previously said he would not pardon his son

  • But on Sunday evening, he said although he believed in the justice system, "politics has infected this process and it led to a miscarriage of justice"

  • The White House has defended the president, saying he "wrestled" with the decision and ultimately made up his mind at the weekend

  • President-elect Trump called the pardon an "abuse and miscarriage of justice", while some Republicans have branded Joe Biden "a liar"

  • Hunter Biden pleaded guilty to tax charges in September, and was found guilty in a separate trial in June of being an illegal drug user in possession of a gun

Media caption,

Watch: From charge to pardon - how did we get here?

  1. What happened in Hunter Biden's gun trial?published at 14:20 Greenwich Mean Time 2 December 2024

    Hunter Biden looking at camera, shot from chest height up, wearing dark suit and tie, with his wife Melissa Cohen Biden standing behind him as they leave court on 4th June 2024. Door behind them has a red Do Not Enter sign.Image source, Reuters

    Hunter Biden's pardon means he won't face any jail time or have a criminal record for two separate court cases.

    One of the cases involved three gun charges.

    Prosecutors said Biden, 54, lied about his drug use on a federal form when he bought a handgun.

    The three gun charges all related to Biden’s purchase of a Colt Cobra Special revolver at a Delaware gun store in October 2018, which he kept for about 11 days.

    The gun was later discovered in his truck and discarded by his then-girlfriend Hallie Biden - the widow of his brother Beau - in a rubbish bin outside a shop.

    Biden has been candid in the past about his "full-blown addiction" to crack cocaine during that period of time, including in his memoir.

    Jurors also heard from his ex-wife, Kathleen Buhle, and a former girlfriend, Zoe Kestan, who described his use of the drug at luxury hotels across the country.

    A panel of 12 jurors found Biden was guilty of all three charges after about three hours of deliberations.

    He faced a maximum sentence of 25 years, but it was expected he would face a much shorter sentence.

  2. What is Biden doing today?published at 14:04 Greenwich Mean Time 2 December 2024

    Joe Biden in sunglasses greeting a person at the airportImage source, Reuters

    Last night, President Joe Biden pardoned his son Hunter's convictions of gun possession and tax evasion.

    Today, he's landed in Cape Verde for a brief stop over, before he flies off for a three-day visit to Angola. We're expecting him to arrive there later this afternoon.

    Why is Biden going to Angola?

    • The US president is following through on a longstanding pledge to visit sub-Saharan Africa while in office, as his presidency nears its end
    • He is set to meet with Angola President Joao Lourenco to discuss infrastructure and economic opportunities with leaders, as well as broader investments in Angola and Africa
    • He's also there for an infrastructure and rail project with heavy U.S. investment, known as the Lobito Corridor- which aims to transport critical minerals used for electric vehicles and AI data centers quicker, along with drastically speeding up food shipment times and helping to alleviate food insecurity in Africa
  3. Analysis

    Biden echoes some of Trump's complaints about justice systempublished at 13:26 Greenwich Mean Time 2 December 2024

    Anthony Zurcher
    BBC North America correspondent

    Joe Biden’s explanation for pardoning his son is that Hunter Biden has been unfairly targeted by the president’s own political enemies in an attempt to politically damage him.

    That might sound familiar to anyone who has listened to Donald Trump rail against America’s system of justice in recent years.

    Trump, as he exited the White House in 2021, issued a series of pardons for his close associates and allies who had been swept up in the multiple criminal investigations that encircled him throughout his presidential term. Although he was criticised for his actions at the time, there were little if any political consequences.

    Biden may be criticised as well – for breaking his promise and for using his presidential power to protect his son. With his political career drawing to a close, however, there is likely to be little price the outgoing president will pay for his actions.

    The national attention will quickly shift back to the incoming Trump presidency.

    The rules governing presidential pardoning – or at the very least the processes and established guardrails that had guided its use – appear to have been fundamentally and permanently altered.

    And at this point there may be scarce grounds for anyone to complain, no matter on which side of the political aisle they stand.

    Here's more from my analysis.

  4. Who did Trump pardon during his first term?published at 13:00 Greenwich Mean Time 2 December 2024

    Donald Trump, on right side of image, shot from chest up, wearing a blue suit and red tie. Speaking into microphone with American flags blurred in backgroundImage source, Reuters

    Donald Trump has criticised Joe Biden's decision to pardon his son as an "abuse and miscarriage of justice". But Trump himself faced criticisms from political opponents for the presidential pardons he handed out.

    In the final hours of his presidency in 2021, Trump pardoned 74 people and commuted the sentences of 70 others. For context, a pardon wipes out a conviction, commuting reduces or shortens a sentence.

    Some of those who were granted clemency were Trump's close associates and allies, such as former campaign manager Paul Manafort, long-time ally Roger Stone and his son-in-law Jared Kushner's father, Charles.

    Steve Bannon, a key strategist and adviser to President Trump during his 2016 campaign, was also pardoned.

  5. The difference between a pardon and a commutationpublished at 12:38 Greenwich Mean Time 2 December 2024

    The right of US presidents to issue pardons is enshrined in the constitution. They can also issue a commutation - but there is a distinction between the two.

    In short, a pardon wipes away someone's sentence, while a commutation shortens or ends it.

    A pardon restores a felons right to vote, run for elected office, own a gun or serve on a jury.

    But, felons whose sentences are commuted only get the benefit of getting out of prison early - none of the other benefits of a pardon apply to them.

  6. A presidential pardon for Hunter Biden - in a nutshellpublished at 12:00 Greenwich Mean Time 2 December 2024

    Hunter Biden in suit, exiting car with his head above the open doorImage source, Reuters

    It's just turned 12:00 in London and 07:00 on the east coast of America. If you're joining us now, here's everything you need to know:

  7. Want more on this story? The BBC has you coveredpublished at 11:47 Greenwich Mean Time 2 December 2024

    What did Hunter Biden do and what is a presidential pardon? Joe Biden's use of his pardoning powers continues a tradition of presidents on both sides of the American political divide granting clemency to people close to them, writes BBC's James Fitzgerald.

    Why President Biden, a father, would make this decision: For months, Joe Biden had ruled out pardoning his son in two separate criminal cases but in a U-turn last night, Biden laid out his reasons for making his decision, saying Hunter had been "singled out because he is my son - and that is wrong".

    Hunter's pardon shows presidents now act differently, BBC's Anthony Zurcher's analysis: It's common for outgoing presidents to issue pardons in the final months of their tenure but Biden's decision to pardon his son appears to have fundamentally and permanently altered the way presidential pardons work, as the BBC's North America correspondent Anthony Zurcher writes.

    "In trying to break Hunter, they’ve tried to break me", Biden's full statement: On Sunday evening, the outgoing president issued a detailed statement on why he changed his mind on clemency for his son, saying it was "clear that Hunter was treated differently" - take a look at Biden's statement in full.

  8. How unusual is it for a president to pardon someone before sentencing?published at 11:29 Greenwich Mean Time 2 December 2024

    Hunter Biden was due to be sentenced on 16 December for convictions of gun possession and tax fraud, but has been pardoned by his dad - the president. How common is it for a president to pardon someone before they are sentenced?

    According to the Department of Justice, external, it is “highly unusual” for the president to pardon someone before they are indicted, convicted or sentenced for a federal offence.

    But the department said it has happened before under Donald Trump’s presidency.

    Trump pardoned ex-Arizona sheriff Joseph Arpaio before he was sentenced, but after he was charged and convicted of defying a court order to stop traffic patrols targeting suspected immigrants.

    He was due to be sentenced in October 2017 but Trump issued a pardon in August of that year, stating Arpaio was a "worthy candidate for a presidential pardon" after "more than 50 years of admirable service to our nation".

    Joseph Arpaio in a suit with red tie, speaking into microphones with left hand raised and pointing away from him, with people in the backgroundImage source, Getty Images
    Image caption,

    Trump pardoned ex-Arizona sheriff Joseph Arpaio in August

  9. 'A lot of truth' in Biden's claims that Hunter was singled out, former prosecutor sayspublished at 11:08 Greenwich Mean Time 2 December 2024

    Joe Biden in White Jacket and blue trousers leaves White House to board helicopter with son Hunter in dark suit and white shirt walking next to him as he holds hand with his aunt Valerie Biden (hidden behind president)Image source, Getty Images

    A little earlier we heard from former federal prosecutor Sarah Krissoff, who says she's not surprised Joe Biden decided to go ahead with the pardon.

    Krissoff tells the BBC there is "a lot of truth" in the president's allegations that Hunter Biden's case was only prosecuted because of his surname.

    "These types of crimes really aren't usually charged. It's very unusual to charge someone for that gun offence", she adds. "And similarly with the tax crimes... [these] types of cases are usually resolved with some sort of civil settlement with the IRS."

  10. Who else has received a pardon during Biden’s presidency?published at 10:55 Greenwich Mean Time 2 December 2024

    Hunter Biden is not the first person to receive a pardon during his father’s presidency - in total, 26 people have received a pardon.

    Earlier this year, President Biden announced pardons for those found guilty of crimes under a military law that banned gay sex for more than 60 years. The president described the move as “righting an historic wrong”.

    Biden also announced pardons for people with certain marijuana convictions in December last year, with the president claiming his actions would make the “promise of equal justice a reality”.

    Most of the people who have received pardons under Biden's presidency so far were charged with drug offences., external

  11. How long was Hunter Biden facing in prison?published at 10:31 Greenwich Mean Time 2 December 2024

    Hunter Biden, shot from chest up and wearing a dark suit and tie, inside the White House with three uniformed people blurred in backgroundImage source, EPA

    Hunter Biden's presidential pardon means he will not face sentencing in two separate cases, avoiding any jail time.

    Hunter was convicted in June for illegally possessing a firearm and lying about his drug use when buying the gun.

    That conviction carries a maximum sentence of 25 years, but it was expected that he would face a shorter sentence of up to 16 months.

    In a separate case in September, Hunter pleaded guilty to nine federal tax charges - falsifying records and failing to file returns.

    He faced up to 17 years in prison for the tax charges and was due to face sentencing on 16 December.

  12. BBC Verify

    What has Biden said in the past about pardoning his son?published at 10:05 Greenwich Mean Time 2 December 2024

    By Jake Horton

    The Biden administration has repeatedly stated the president wouldn’t pardon his son of crimes he had been convicted of.

    As recently as 7 November, two days after the US presidential election, which Donald Trump won, the White House said Joe Biden wouldn’t pardon his son Hunter.

    When asked in a press conference if President Biden would pardon him, the White House press secretary said: “We’ve been asked that question multiple times, our answer stands, which is no.”

    In an interview with ABC in June, Biden was directly asked “Have you ruled out a pardon for your son?”, to which he answered “Yes”.

    Biden also told reporters at a G7 summit in June: "I said I'd abide by the jury decision, and I will do that. And I will not pardon him.”

    When asked if he planned to commute Hunter Biden's sentence, the president mouthed "no".

  13. Watch: From charge to pardon - how did we get here?published at 09:49 Greenwich Mean Time 2 December 2024

    Media caption,

    Watch: From charge to pardon - how did we get here?

  14. So, what is a presidential pardon?published at 09:40 Greenwich Mean Time 2 December 2024

    We've been talking a lot about presidential pardons, but what does it actually mean? In short, a presidential pardon wipes convictions for federal crimes.

    In Hunter Biden's case, his father's "full and unconditional pardon" covers any potential federal crimes Hunter may have committed from January 2014 through to December 2024.

    Hunter was convicted in June over charges related to a gun purchase in 2018, and in a separate case, he pleaded guilty to tax evasion charges in September - he was due to be sentenced later this month.

    The pardon represents legal forgiveness, ends any further punishment and restores rights such as being able to vote or run for public office.

    Presidential pardons are common for outgoing presidents - this is Joe Biden's 26th one - in the months before they leave the White House.

    Donald Trump issued 143 pardons during his first term as president, most of which came in his last months as president.

  15. 'He got this one wrong' - Democrats and Republicans react to Biden's pardonpublished at 09:26 Greenwich Mean Time 2 December 2024

    Greg Stanton, in an orange shirt and blue blazer talking into a microphone on a podium, with his hands raisedImage source, Reuters
    Image caption,

    Democrat representative of Arizona, Greg Stanton, says he thinks Biden "got this wrong"

    Eric Holder, the former Obama era attorney general, described Biden’s decision as “warranted" while Democratic governor of Colorado, Jared Polis, claimed the pardon will set a “bad precedent that could be abused by later presidents”.

    Greg Stanton, Democrat representative of Arizona, posted on X, external: "I respect President Biden, but I think he got this one wrong. This wasn’t a politically-motivated prosecution. Hunter committed felonies, and was convicted by a jury of his peers."

    Republican Iowa Senator Chuck Grassley posted on X, external that he was “shocked” by the pardon because Biden “said many many times he wouldn’t and I believed him”, adding, “shame on me”.

    Marjorie Taylor-Green, Georgia’s representative, called the president “a liar and a hypocrite, all the way to the end”, while Wyoming senator John Barrasso said the pardon was wrong and that it "proves to the American people that there is a two-tier system of justice".

  16. What you need to know - in 99 wordspublished at 09:04 Greenwich Mean Time 2 December 2024

    Outgoing US President Joe Biden has issued a presidential pardon for his son, Hunter, who faced years in prison over charges related to gun possession and tax fraud.

    Biden had previously said he wouldn't pardon his son but changed his mind as he felt Hunter had been "unfairly persecuted".

    Hunter Biden, in a statement, says he will "never take the clemency for granted" and spoke of his addiction to drugs and alcohol.

    US President-elect Donald Trump has criticised the pardon, describing it as "an abuse and miscarriage of justice".

    The move has divided opinion with both Republicans and Democrats.

  17. What was Hunter Biden convicted of?published at 08:50 Greenwich Mean Time 2 December 2024

    Hunter Biden during surprise appearance at a House Oversight Committee. He's sitting down on chair wearing a dark-grey suit, blue tie and white shirt looking slightly to his leftImage source, Reuters

    If you're just joining us, here's a reminder of what Hunter Biden was convicted of - prior to his dad, President Joe Biden, pardoning him.

    The youngest son of the US president in June was found guilty of two charges related to lying about his drug use on a federal form, and one for possessing a gun while addicted to or using drugs.

    And in September he pleaded guilty to nine charges in his federal tax evasion case after previously denying allegations he had intentionally avoided paying $1.4m (£1m) in income tax from 2016-19.

    He was due to be sentenced on 16 December.

  18. Biden sets new precedent, but presidents pardoning relatives is not newpublished at 08:32 Greenwich Mean Time 2 December 2024

    Joe Biden speaks to reporters after greeting police and fire personnel. He's wearing a black cap, black jacket and striped shirtImage source, Reuters

    Joe Biden has now become the first US president to issue a pardon for his son - but not the first to pardon a relative.

    As we mentioned a little earlier, Charles Kushner, Ivanka Trump's father-in-law, had his record expunged in 2020 after Donald Trump granted him clemency before leaving office.

    Kushner pleaded guilty to federal charges of tax evasion, campaign finance offences and witness tampering and was sentenced to two years in prison in 2005.

    Former President Bill Clinton also made use of his presidential powers before the end of his second term, pardoning his half-brother Roger.

    Roger Clinton Jr had been convicted for a cocaine-related offence in 1985 and served more than a year in prison after pleading guilty to conspiracy to distribute charges.

    Unlike Kushner and Clinton Jr, whose offences were wiped after their time in prison, Hunter Biden's pardon comes before he has been sentenced for his convictions. He was due to be sentenced on 16 December.

  19. 'Hunter Biden's pardon likely to cause issues for Democrats' - analystpublished at 08:22 Greenwich Mean Time 2 December 2024

    We've just been hearing from Larry Sabato, the Director of the Center For Politics at the University of Virginia, on the long-term impact of Hunter Biden's pardon on US politics.

    Sabato tells BBC Radio 4's Today programme that the move "doesn't matter that much" to the public - but is likely to cause significant issues to the Democrats.

    "It has no implications for Joe Biden, he’s 82 years old and he’s certainly not going to be running for anything else", he says. "But for the party, the Democratic Party, it makes it more difficult for them to criticise Donald Trump for the legion of pardons that are coming in his second term."

    He adds: "And, of course, this time he’s already pledged to pardon a large number of the insurrectionists from January 6, 2021, the people who attacked the Capitol and hurt many police."

  20. Biden faces hypocrisy accusations after Hunter's pardonpublished at 08:10 Greenwich Mean Time 2 December 2024

    Sarah Smith
    North America editor

    With just 50 days left in office and after spending the Thanksgiving weekend with his son, the president announced he was wiping out Hunter Biden’s federal convictions, sparing him any possible prison sentence despite having previously insisted he would not interfere with the judicial process or use his presidential powers in such a manner.

    In a statement, Joe Biden said he was doing so now because he believed the charges were “politically motivated”.

    The president is being accused of hypocrisy by his political opponents but he argued “no reasonable person" who looked at the facts could reach any other conclusion than that Hunter Biden was singled out only because he was his son.

    He said anyone else who committed these relatively minor offences would not have been prosecuted.

    Hunter Biden responded by saying his mistakes had been exploited to publicly humiliate and shame him and his family and he pledged to never take the clemency he’d been given for granted.

    Donald Trump posted on social media that he thinks a pardon is an “abuse and miscarriage of justice”.