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Presidential pardons in the US: How it works

Hindustan Times

|

December 03, 2024

President Joe Biden had long pledged that he would not pardon his son, Hunter, who was set to be sentenced this month for gun and tax convictions. But on Sunday, the president did it anyway.

- Associated Press

Presidential pardons in the US: How it works

The sweeping pardon covers not only Hunter Biden's convictions in two cases in Delaware and California, but also any other "offences against the US which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024."

Biden is hardly the first president to deploy his pardon powers to benefit those close to him. But it was still a surprising reversal for a man who pledged to restore norms and respect for the rule of law.

Granting clemency

The US Constitution says that a president has the power to grant clemency, which includes both pardons and commutations. A pardon forgives federal criminal offences; a commutation reduces penalties but isn't as sweeping. The power has its roots in English law - the king could grant mercy to anyone - and it made it over the ocean to the American colonies and stuck around.

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