As President Biden’s time in office nears its end, he has made a series of controversial decisions that have drawn criticism from both sides of the aisle. His pardon of Hunter Biden, along with a record number of acts of clemency — including commuting the death sentences of 37 federal death row inmates — has sparked widespread disapproval. But is this only the tip of the iceberg?
While Biden’s pardon of Hunter was predictable to anyone paying attention, his recent wave of clemency actions challenges a significant precedent.
Former President Bill Clinton famously waited until his final day in office to issue 140 pardons and several commutations. Among those to whom he granted clemency was Marc Rich, a fugitive who had fled the U.S. to Switzerland during his prosecution. Rich, who owed $48 million in taxes and faced 51 counts of tax fraud, was pardoned for tax evasion. The pardon was widely believed to have been secured through large donations to the Clinton Presidential Library.
Clinton also pardoned Susan McDougal, who had already served her sentence for her involvement in the Whitewater scandal. One of the most controversial moves was the commutation of Mel Reynolds, a former Democratic Congressman from Illinois, convicted of bank fraud, 12 counts of sexual assault of a child, obstruction of justice, and solicitation of child pornography. Additionally, Clinton granted clemency to his own brother, who had been convicted on drug charges and served his full sentence.
Clinton knew that many of his pardons and commutations would be controversial, but rather than have them cast a dark cloud over his last days in office, he waited until he was walking out the door. Biden certainly cares a lot about his legacy. From the start, he has touted his record of nominating diverse candidates for his administration and the judiciary. He also claims an unmatched job creation record, despite being fact-checked over his inflated numbers, which largely reflect jobs returning after the COVID shutdowns. […]
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