Joseph A. Hayden, Jr. Authors Insider NJ Column on Hunter Biden’s Pardon
Joseph A. Hayden, Jr., co-chair of the Criminal Defense practice and the Investigations practice at Pashman Stein Walder Hayden P.C., recently authored an InsiderNJ column titled, “Given Retributive Trump Tone, Biden Had No Choice but to Pardon Hunter.” Hayden discusses the reasoning and political implications behind President Joe Biden’s pardon of his son Hunter. Hayden writes:
“The full and unconditional pardon granted by President Biden to his son Hunter Biden was wide ranging and surprising to me because of its timing and depth. The timing applies to all crimes against the United States Hunter Biden committed or may have committed between January 1, 2011 and December 1, 2021, including but not limited to his false statement charge in a gun application (in Delaware) and his nine federal tax charges [in California]. Both charges resulted in a conviction: the false statement charge after a trial and the tax charges after a guilty plea. Sentences on both cases was scheduled for December.
“I am sure this was a difficult decision for Biden because he is an institutionalist and he had publicly stated on numerous occasions that he would not interfere with the legal process. On human terms, the extremists that Donald Trump is appointing to high positions in law enforcement almost forced President Biden’s hand. Initially Trump was prepared to nominate Matt Gaetz for Attorney General, who was replaced by Pam Bondi who, although possessing some experience, is also a true believer. Then on Saturday night Trump announced that he intends to appoint Kash Patel as the new Director of the FBI. Patel has openly talked about the need for retribution and if he, or somebody of a similar mindset, is confirmed, there is the potential for unprecedented investigations of political enemies because there is no indication that any of his appointments will be guardrails to Trump.
“This retribution tone of the Trump administration would have placed Hunter Biden in a very vulnerable situation. If he received a custodial sentence in the tax case, which was likely, he was vulnerable to a punitive assignment as to his prison facility in the Bureau of Prisons. Worse yet, was the potential for incessant investigations by federal law enforcement of the alleged ‘Biden Crime Family,’ which could have exposed Hunter to the serious threat of other prosecutions for years. For President Biden to decline to protect his son would have been the equivalent to universal disarmament in order to rely on ‘the kindness of strangers.’ This a father could not have done. When you think about it, Biden had no choice.”
To read the full article in Insider NJ, click here.