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Alan Dershowitz, a distinguished legal scholar, recently criticized President Biden’s decision to pardon his son Hunter, suggesting this move could have unintended consequences.
Speaking on “National Report,” Dershowitz emphasized that a sentence commutation would have been more strategic than a full pardon, particularly given Hunter’s potential congressional testimony requirements.
"I don't know whether it was a blunder or whether it was just an emotional reaction to the moment, but it would have been much smarter for Biden to have commuted the sentence rather than pardoned [Hunter]…"
— Alan Dershowitz@AlanDersh @EmmaRechenberg @Glasgow_Jon pic.twitter.com/2rxTOWAtr6
— NEWSMAX (@NEWSMAX) December 3, 2024
“Hunter Biden can now be called by Republican controlled committees in Congress by grand juries to testify against his uncle, possibly even his father,” Dershowitz said. “Had he gotten a sentence commutation, he’d still have the 5th Amendment. It may turn out to backfire against Hunter Biden himself, who will have a career now as a star witness if the Trump administration decides to call him, and if congressional committees decide to call him.”
The constitutional expert also suggested that Biden’s action might set a precedent for future presidential pardons, particularly regarding January 6 defendants. He noted this could provide political leverage for former President Trump to issue similar pardons.
“This is not going to help his reputation historically, and it’s going to give President Trump the ability also to pardon people who he believes were subject to selective prosecution,” Dershowitz said. “Not that he needs constitutionally any reason to do, but it will give him a political opening to do that.”
Whoopi on a possible President Trump pardon for his family & himself back in 2020- “(Gasp) I don’t even know that he has the power to do that?!”
On Joe Biden pardoning Hunter –
“He’s the President, the sitting President. He can do whatever he wants to..”You’re a 🤡 Whoopi pic.twitter.com/m7orMKb8NI
— 👉M-Û-R-Č-H👈 (@TheEXECUTlONER_) December 3, 2024
Reflecting on Biden’s character, Dershowitz shared his perspective on the president’s motivations. “I’ve known him for a long time and he’s a very decent person. And when it comes to his own family, he puts them first,” Dershowitz said. “I think he would have preferred to see President Kamala Harris do the pardon, and if she had won the election, he wouldn’t have pardoned them. He would have waited for her to do it. That would have been much easier for him to do.”
The legal expert concluded by highlighting that despite the pardon, Hunter Biden remains vulnerable to perjury charges if called to testify before Congress and could still face civil liabilities not covered by the presidential pardon.