President Joe Biden’s “full and unconditional pardon” of his son, Hunter, has raised eyebrows on both sides of the aisle, a rare display of bipartisan objection in a hopelessly divided Washington, D.C.
The sweeping pardon grants legal protection “for those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014, through December 1, 2024.”
Hunter Biden was convicted earlier this year of tax evasion and illegal possession of a gun.
Article II, Section 2 of the United States Constitution gives the president the authority to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
George Washington holds the distinction of being the first president to grant executive clemency. Back in 1795, John Mitchell and Philip Weigel were disgruntled Pennsylvania farmers, upset the government was taxing distilled spirits to raise revenue to pay off the national debt.
Not all the frustrated farmers were offended drinkers, but since whiskey is distilled from grain, they stood to be financially impacted from the tax. Some of the upset farmers tarred and feathered federal officers who showed up trying to collect the tax. Mitchell and Weigel were tagged as being part of one such mob. They were convicted of treason and sentenced to death by hanging.
After Mitchell’s and Weigel’s execution was delayed, Washington stepped in and pardoned the duo.
“The misled have abandoned their errors,” the President declared.
“For though I shall always think it a sacred duty to exercise with firmness and energy the constitutional powers with which I am vested, yet it appears to me no less consistent with the public good than it is with my personal feelings to mingle in the operations of Government every degree of moderation and tenderness which the national justice, dignity, and safety may permit.”
Washington would go on to issue 14 other pardons, the third fewest. Serving just 32 days, William Henry Harrison issued none. James Garfield, who was assassinated after only 200 days in office, also never exercised his right to pardon anyone. If you don’t count the extraordinary circumstances of President Carter vetoing over 200,000 for draft evasion, and President Biden pardoning over 6,500 for marijuana possession, Franklin Roosevelt, who served the most terms (three plus), also issued the most pardons with 3,687.
President Ford may have issued the most famous and historically consequential of pardons when he granted clemency to former President Richard Nixon for any crimes related to the Watergate break-in and its cover-up.
Given that many of our founders hailed from England, it’s not surprising that the presidential pardon finds its roots in British law.
The “Royal Prerogative of Mercy” dates back to the seventh century to King Ine of Wessex. It basically gave the leader the right to step in and exercise compassion.
There was significant debate over granting the United States’ new president the power to pardon at all. There was strong opposition to it, but also enthusiastic support in favor of the right.
Alexander Hamilton wrote in “Federalist No. 74,” “Humanity and good policy conspire to dictate that the benign prerogative of pardoning should be as little as possible fettered or embarrassed…. one man appears to be a more eligible dispenser of the mercy of government, than a body of men.”
John Marshall, the first Chief Justice of the United States Supreme Court, described the presidential pardon as “an act of grace.”
Some will argue that the presidential pardon is rooted in God’s modeling of grace and mercy, but as Christians, we know full well the blessings of both.
It was Dr. Adrian Rogers, longtime pastor at Bellevue Baptist Church in Memphis, Tennessee, who once declared, “Mercy is when God doesn’t give us what we deserve, grace is when God gives us what we don’t deserve, and justice is when we receive what we deserve.”
Strong feelings will persist over the merits, or lack thereof, of the Hunter Biden pardon, especially since President Biden has for years insisted that he wouldn’t issue any pardon at all.
As Christians, though, we can sing with awe and appreciation the words of the hymnist Thomas O. Chisholm, who marveled at God’s faithfulness in our lives:
Pardon for sin and a peace that endureth, Thine own dear presence to cheer and to guide; Strength for today and bright hope for tomorrow, Blessings all mine, with ten thousand beside!
Image from Getty.
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