A Libertarian’s Perspective on Why Biden’s Pardon of his Son is a Great Start to Fixing the Broken Justice System (Opinion)

As you’re probably aware today, yesterday, December 1, President Joe Biden pardoned his son Hunter for gun-related and tax evasion crimes. This is probably going to come as a shock to many people, but I absolutely support pardoning Hunter Biden for these ultimately victimless crimes.

The statement from President Biden is as follows:

Today, I signed a pardon for my son Hunter. From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted. Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions. It is clear that Hunter was treated differently. 
 
The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.   
 
No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong. There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough. 
 
For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded. Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a President would come to this decision. 

Executive Grant of Clemency, Joseph R. Biden, Jr., President of the United States of America

President Biden’s statement points out how some laws, especially around things like late taxes or filling out forms wrong, are usually handled without criminal charges unless there’s a bigger issue, like using a gun in a crime or dodging taxes on purpose. It argues that Hunter Biden’s case wasn’t treated fairly and was blown up because of political reasons, not because it was a serious crime. The statement raises the question of why minor, victimless offenses like these even lead to court cases in some situations while they’re brushed off in others. It suggests that this kind of uneven treatment, especially when politics gets involved, makes the justice system feel unfair and focused on scoring points instead of doing what’s right.

Finally, a leader in the Democratic party has acknowledged not only the excessive punishment for victimless crimes, but has also acknowledged the weaponization of the justice system, aka “lawfare”, against political opponents.

The Hunter Biden case in fact draws some interesting similarities to several local cases, including that of Terry Porter, as both cases raise questions about fairness, proportionality, and political motivations in the justice system. Porter faced a massive law enforcement raid for possessing firearms, due to a 1992 felony conviction involved with distribution of marijuana. There are other local cases of similar circumstance (all of which appear to involve conservatives/libertarians), but because those cases are still in-process I won’t comment on them.

In Hunter Biden’s case, the prosecution over technical errors on a gun form and late tax payments without aggravating factors highlights concerns about selective enforcement for political purposes. Biden’s charges, typically resolved administratively for others, were escalated to criminal proceedings, suggesting that his high-profile family connection played a significant role in the decision to pursue him.

Similarly, Terry Porter’s case demonstrates overreach in law enforcement. A massive SWAT operation involving helicopters, armored vehicles, and bomb squads was used to apprehend a small-town prepper over firearms possession tied to a decades-old felony. Despite the dramatic display, Porter’s charges were resolved with probation, signaling that the initial raid was excessive and possibly politically motivated, aimed at targeting a conservative gun owner.

Both cases reflect systems where legal actions seem disproportionate to the offenses, raising broader concerns about whether justice is being applied evenly or influenced by external factors like politics or public perception. In both situations, the individuals involved were subjected to outsized scrutiny, drawing attention to how victimless or low-level offenses can be used to achieve objectives beyond simple law enforcement.

Furthermore, both cases highlight the long-term negative consequences of the failed “war on drugs”, as well as the ridiculous restrictions preventing citizens from exercising their second amendment rights due to a non-violent drug conviction. When a felon is released to society after they have served their time, all of their constitutional rights are restored except for the second amendment. In fact, there have been great efforts in the past few decades to ensure the restoration of voting rights for convicted felons upon release. This selective restoration of rights is clearly also politically motivated, and needs to come to an end. This could take form through legislation preventing states from prohibiting convicted felons from possessing firearms, or even through reform of expungement criteria.

Should Joe Biden have been the one to pardon Hunter? Probably not, due to the family connection. However, that does not change my opinion that Hunter Biden should have been pardoned, perhaps by President Trump upon taking office.

The justice system is broken, and it’s time to fix it. Let’s restore ALL rights to convicted felons after serving their time, as well as end the prosecution of victimless crimes, and reduce them to civil penalties only.

We cannot have selective liberty, where on specific rights are restored after paying your debt to society for your crimes. If a convicted felon cannot be trusted with a firearm, then that felon should never be allowed to leave prison in the first place.

I’m a libertarian, and I believe in liberty. Let’s restore all liberty for those who made mistakes, but have fixed their lives to become productive members of society.

Opinion article by Ken Buckler, President of RFHC. All opinions are his own, and do not reflect those of our sponsors or clients.

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