Biden, Trump, and Abusing Pardon Power

Serwan Zangana | Exclusive to iKurd.net

Abusing the power pardon, two U.S Presidents Biden and Trump have set negative examples

In a modern society ruled by a democratic government, the intent of an action should not legitimize its violence. To protect the principles of civilization, offenses and violent acts by individuals, groups, or organizations must not be tolerated.

Obviously, this is not what some U.S. politicians believe. In the last few weeks, the U.S. public has seen the most unacceptable actions of former President Joe Biden and newly elected President Donald Trump.

By using powers of pardon in their favor, Biden and Trump have capitulated to politics to dominate their virtue ethics. It appeared to be a competition between the two presidents to sign pardon orders for many of those who deserved to be behind bars.

Evidently, the U.S. Constitution, Article II, Section 2, Clause 1, gives the president the power to grant pardons for offenses committed against the U.S. However, they were not great moments for the majority of Americans to see the predecessor and the successor on the same path, using their powers to justify unjustifiable actions.

Seemingly, some American politicians are comparable to the Kurdish politicians of the ruling parties in Iraqi Kurdistan; they both lack virtue ethics! As Biden and Trump signed the executive orders of pardons that indeed benefitted either their political interests or protected family members, they waived their virtue ethics and degraded the value of the justice system in America.

In December 2024, President Biden pardoned his son, Hunter, from federal felony charges of purchasing firearms illegally and providing false statements in the purchase. Hunter was also charged and pleaded guilty to tax offenses, as he purposely failed to file and pay taxes for four years, which was estimated at $1.4 million. Hunter was found guilty on these charges and could face serious jail time.

Evidently, President Biden reneged on his past promises that he would not intervene in the justice system to pardon Hunter. “I am satisfied that I’m not going to do anything… And I will not pardon him,” Biden said. Obviously, Biden’s decision of pardoning was not limited to his son, Hunter, but extended further to his family members, such as his siblings and their spouses.

Trump supporters break into Capitol building, January 6, 2021. Photo: Reuters

Upon taking the oath of the presidency, Trump did not hesitate, with a stroke of the pen, to pardon and free 1,500 individuals who attacked the U.S. Capitol, some of whom assaulted police officers, on January 6, 2021, as they rejected the 2020 election result. Members of the two organizations, Proud Boys and Oath Keepers, who were convicted of inciting riots that caused damage to the government’s property, were granted pardons as well.

It is noteworthy that political power in the U.S. is not guaranteed to one political party; it indeed swings from one to another. Seemingly, there are opportunities for diverse political groups and parties in the U.S. government, but in fact, the survival rate for such groups and parties and the chances for them to reach the pinnacle of political power are zero. The fact is that only two political parties, Democratic and Republican, control the steering wheel of the system.

The U.S. system is surrendered by the American political contenders as they are constantly in political conflicts. The failures of the politicians, in most cases, are paid for by the voters. That means if the elected officials’ or the politicians’ policy failures cause disaster, they are rarely held accountable; people will carry the burden.

Questioning the politicians’ actions that result in public crises is often answered with lame excuses and empty promises. However, despite the intentions of the writers of the U.S. Constitution to prevent the president from abusing the power of the presidency, the modern U.S. political era has paved the path for such abuse.

Even though the majority of Americans, according to a Reuters/Ipsos poll (58%), oppose Trump’s pardons for January 6 protesters, the outrage and decry were not seen in the public. This is an indication that a large number of Americans do not realize the domestic threat that extremist groups, regardless of their ideologies, can pose.

On the same level, the majority of Americans also disapprove of Biden’s decision to pardon his son, Hunter. According to a poll from The Associated Press-NORC Center for Public Affairs Research, 8 out of 10 Americans disapprove of such a decision. The U.S. marked a discernible political power abuse by both Presidents Biden and Trump as they undermined the justice system and degraded the law enforcement community.

“It was a sad day for Lady Justice no matter which side of the political spectrum you’re on,” said John Fishwick Jr., former U.S. attorney in Virginia. Apparently, between the lame-duck president and the incoming one, justice was thrown under politics.

Perhaps Alexander Hamilton did not think about this day when he introduced the concept of a president’s power of pardon at the Constitutional Convention, and he could not predict that a president would use his power of pardon in such an unusual way. Biden’s pardoning of his family members in his last minutes in office and Trump’s pardoning of a large number of violent protesters on Capitol Hill!

Obviously, the president’s use of pardon power could be unjust in various cases, and according to Karen Hult, a professor of political science at Virginia Tech, the federal court might rule otherwise, or Congress could pass a “sense of Congress” resolution and question the actions of the president.

But since such power is protected by the Constitution, an amendment is the only formal solution to prevent the President of the U.S. from misusing the pardon power. Biden and Trump’s decisions have revealed the dark side of their political agendas and the unpleasant reality of politics. Unsurprisingly, only a few members of the House and the Senate spoke against the pardons.

Regarding Biden’s decision to pardon his family members, Sen. Gary Peters (D-MI) said, “This was an improper use of power, it erodes trust in our government, and it emboldens others to bend justice to suit their interests.”

U.S. President-elect Donald Trump, 2024. Photo: Reuters

It indeed emboldened Trump, as he used his power and pardoned the January 6 violent protesters. Sen. Lindsey Graham (R-SC) opposed Trump’s pardon for the violent protesters and assaults on police officers. “People who went into the Capitol and beat up a police officer violently,” Sen. Graham said.

The Democratic and Republican parties in the U.S. are standing on a broken podium and running a broken government that is relying on broken politics. Despite a Constitutional Amendment bill to limit the president’s pardon power, which was introduced by Congressman Steve Cohen (D-TN) in 2021, it apparently did not reach a further destination to be approved. It is less likely to prevent misuse and abuse of the president’s power of pardon.

The two U.S. Presidents, Biden and Trump, have set negative examples for Americans and detrimental models for politicians across the world.

Serwan Zangana, a contributing writer for iKurd.net, lives in Virginia, U.S. He serves as a correction officer.

The views expressed are solely those of the author and do not necessarily reflect the opinions of iKurd.net or its editorial team.