Tipsheet

Biden Ruled Out a Pardon for Hunter, but There's Another Option

Katie Pavlich
Katie Pavlich  |  June 11, 2024 12:30 PM

During an interview with ABC News in Normandy last week, President Joe Biden was asked about whether he would issue a pardon for his son -- Hunter Biden -- should he be convicted on a number of felony gun charges inside a Delaware courtroom. President Biden said he would not issue a pardon. 

A week later, Hunter has been found guilty on all charges brought against him in the federal case. 

While Biden says he won't issue a pardon, there's still another option: commutation. From the Department of Justice:

In the federal system, commutation of sentence and pardon are different forms of executive clemency, which is a broad term that applies to the President’s constitutional power to exercise leniency toward persons who have committed federal crimes. A commutation of sentence reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction. A commutation may include remission (release) of the financial obligations that are imposed as part of a sentence, such as payment of a fine or restitution. A remission applies only to the part of the financial obligation that has not already been paid.

To be eligible to apply for commutation of sentence, a person must have reported to prison to begin serving his sentence and may not be challenging his conviction in the courts. A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction.