Biden's Hunter pardon riles Democrats who defended US justice system

President Joe Biden's decision to pardon his son Hunter Biden drew sharp criticism from Republicans but also from fellow Democrats, who said the move sets a bad precedent and sows doubt in a US justice system they have tried to defend against President-elect Donald Trump's attacks.

Biden, a Democrat whose term ends on Jan 20, signed an unconditional pardon for Hunter, 54, on Sunday (Dec 1) and said he believed his son had been selectively prosecuted and targeted unfairly by the president's political opponents. On Monday, the White House said Biden also feared his political opponents would continue to persecute the younger Biden in the future.

Biden previously pledged not to intervene in the two criminal convictions against his son. Many of his own allies said they sympathised with the president's urge to help out his troubled son but couldn't back the move.

"As a father, I get it. But as someone who wants people to believe in public service again, it's a setback," Ohio congressman Greg Landsman, a Democrat, wrote on X.

Democrats are still reeling over Trump's defeat of Vice President Kamala Harris in November's election, which some blamed on Biden, 82, and his decision to remain in the race despite concerns over his age.

Trump has spent the last few years lambasting the US criminal justice system as a corrupt institution weaponised by Democrats as he faced a series of probes. His nominees, including Kash Patel at the FBI, have pledged to upend it and strip out employees if confirmed.

Trump became the first US president to be convicted of a crime earlier this year when he was found guilty of falsifying documents to cover up a payment to silence a porn star ahead of the 2016 election. He is seeking a dismissal of the case after sentencing delays and legal concerns about punishing a sitting president.

He also faced federal and state criminal charges for his role in seeking to overturn the 2020 election results and the Jan 6, 2021 attack on the US Capitol. The federal charges have been dropped and the case in the state of Georgia is unlikely to proceed.

Democrats were often the most vocal main defenders of the fairness and credibility of those criminal cases. Many say they now fear that Biden's pardon muddies the political waters and threatens to make the party's previous defence seem hollow.

"President Biden's decision put personal interest ahead of duty and further erodes Americans' faith that the justice system is fair and equal for all," US Senator Michael Bennet, a Colorado Democrat.

US congressman Greg Stanton, an Arizona Democrat, said he respects Biden but the decision was a bad one.

"This wasn't a politically-motivated prosecution. Hunter committed felonies, and was convicted by a jury of his peers," Stanton said.

Former US Attorney General Eric Holder, who served under Democratic President Barack Obama, took to X to defend Biden's move, arguing no US attorney would have charged the case given the underlying facts.

"After a five year investigation the facts as discovered only made that clear. Had his name been Joe Smith the resolution would have been — fundamentally and more fairly — a declination. Pardon warranted," Holder said. 

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