Joe Biden issues 'full and unconditional' pardon for son Hunter

Who did Trump pardon during his first term?

Donald Trump has criticised Joe Biden's decision to pardon his son as an "abuse and miscarriage of justice". But Trump himself faced criticisms from political opponents for the presidential pardons he handed out.

In the final hours of his presidency in 2021, Trump pardoned 74 people and commuted the sentences of 70 others. For context, a pardon wipes out a conviction, commuting reduces or shortens a sentence.

Some of those who were granted clemency were Trump's close associates and allies, such as former campaign manager Paul Manafort, long-time ally Roger Stone and his son-in-law Jared Kushner's father, Charles.

Steve Bannon, a key strategist and adviser to President Trump during his 2016 campaign, was also pardoned.

Read more: The people Trump pardoned, and the crimes they were charged with

The difference between a pardon and a commutation

The right of US presidents to issue pardons is enshrined in the constitution. They can also issue a commutation - but there is a distinction between the two.

In short, a pardon wipes away someone's sentence, while a commutation shortens or ends it.

A pardon restores a felons right to vote, run for elected office, own a gun or serve on a jury.

But, felons whose sentences are commuted only get the benefit of getting out of prison early - none of the other benefits of a pardon apply to them.

Want more on this story? The BBC has you covered

What did Hunter Biden do and what is a presidential pardon? Joe Biden's use of his pardoning powers continues a tradition of presidents on both sides of the American political divide granting clemency to people close to them, writes BBC's James Fitzgerald.

Why President Biden, a father, would make this decision: For months, Joe Biden had ruled out pardoning his son in two separate criminal cases but in a U-turn last night, Biden laid out his reasons for making his decision, saying Hunter had been "singled out because he is my son - and that is wrong".

Hunter's pardon shows presidents now act differently, BBC's Anthony Zurcher's analysis: It's common for outgoing presidents to issue pardons in the final months of their tenure but Biden's decision to pardon his son appears to have fundamentally and permanently altered the way presidential pardons work, as the BBC's North America correspondent Anthony Zurcher writes.

"In trying to break Hunter, they’ve tried to break me", Biden's full statement: On Sunday evening, the outgoing president issued a detailed statement on why he changed his mind on clemency for his son, saying it was "clear that Hunter was treated differently" - take a look at Biden's statement in full.

How unusual is it for a president to pardon someone before sentencing?

Hunter Biden was due to be sentenced on 16 December for convictions of gun possession and tax fraud, but has been pardoned by his dad - the president. How common is it for a president to pardon someone before they are sentenced?

According to the Department of Justice, external, it is “highly unusual” for the president to pardon someone before they are indicted, convicted or sentenced for a federal offence.

But the department said it has happened before under Donald Trump’s presidency.

Trump pardoned ex-Arizona sheriff Joseph Arpaio before he was sentenced, but after he was charged and convicted of defying a court order to stop traffic patrols targeting suspected immigrants.

He was due to be sentenced in October 2017 but Trump issued a pardon in August of that year, stating Arpaio was a "worthy candidate for a presidential pardon" after "more than 50 years of admirable service to our nation".

Joseph Arpaio in a suit with red tie, speaking into microphones with left hand raised and pointing away from him, with people in the background

'A lot of truth' in Biden's claims that Hunter was singled out, former prosecutor says

A little earlier we heard from former federal prosecutor Sarah Krissoff, who says she's not surprised Joe Biden decided to go ahead with the pardon.

Krissoff tells the BBC there is "a lot of truth" in the president's allegations that Hunter Biden's case was only prosecuted because of his surname.

"These types of crimes really aren't usually charged. It's very unusual to charge someone for that gun offence", she adds. "And similarly with the tax crimes... [these] types of cases are usually resolved with some sort of civil settlement with the IRS."

Who else has received a pardon during Biden’s presidency?

Hunter Biden is not the first person to receive a pardon during his father’s presidency - in total, 26 people have received a pardon.

Earlier this year, President Biden announced pardons for those found guilty of crimes under a military law that banned gay sex for more than 60 years. The president described the move as “righting an historic wrong”.

Biden also announced pardons for people with certain marijuana convictions in December last year, with the president claiming his actions would make the “promise of equal justice a reality”.

Most of the people who have received pardons under Biden's presidency so far were charged with drug offences., external

How long was Hunter Biden facing in prison?

Hunter Biden's presidential pardon means he will not face sentencing in two separate cases, avoiding any jail time.

Hunter was convicted in June for illegally possessing a firearm and lying about his drug use when buying the gun.

That conviction carries a maximum sentence of 25 years, but it was expected that he would face a shorter sentence of up to 16 months.

In a separate case in September, Hunter pleaded guilty to nine federal tax charges - falsifying records and failing to file returns.

He faced up to 17 years in prison for the tax charges and was due to face sentencing on 16 December.

-BBC