Kristy Greenberg is a veteran prosecutor in the U. S. Attorney’s office in New York. She is the former deputy chief of the criminal division of the Southern District of New York. She is currently a legal analyst for MSNBC.
She explains why President Biden was right to pardon his son Hunter. I agree with her. Can you imagine how the Trump administration would have demeaned and humiliated Hunter Biden once they got their clutches on him? With Trump zealots in charge of the Justice Department and the FBI, Hunter would not stand a chance. Already, Republicans in Congress are saying they are not finished with Hunter, despite the pardon. House Republicans have a blood lust going for Hunter.
Greenberg writes:
Critics have argued that President Joe Biden’s pardon of his son Hunter was political nepotism—bad for the country, selfish, the height of privilege. But the actual story is the very opposite of nepotism: Hunter Biden was treated worse than an ordinary citizen because of his family connections. It’s good for the country when the president acts against injustice; President Biden rightly condemned the injustice of his son’s prosecution. His pardon was necessary to prevent Donald Trump’s Justice Department from targeting Hunter for years to come.
I worked as a federal criminal prosecutor for the U.S. Attorney’s Office for the Southern District of New York for 12 years, during which time I supervised and prosecuted many gun and tax cases. President Biden argues that the gun and tax charges Hunter was convicted of should never have been brought. I agree. When I served as deputy chief for the Southern District of New York’s Criminal Division, my job was to approve charging and non-prosecution decisions on gun and tax cases. I would not have approved the felony gun and tax charges brought against Hunter Biden; such charges are rarely—if ever—brought in similar circumstances.
Prosecutors charged Hunter with lying about his drug addiction when he purchased a firearm, and with possessing that firearm while he was a drug addict. They were wrong to do so. As a first-time offender with no criminal record or history of violent behavior who possessed a gun for only 11 days and didn’t use it, he did not pose a public-safety risk to warrant federal gun charges. The public interest is served by treating addiction, not weaponizing it. In a gross display of addiction-shaming, prosecutors used Hunter’s own words from his memoir about overcoming drug addiction against him at trial. They forced his former romantic partners to testify and dredge up details of his addiction. The prosecution’s trial presentation was cruel and humiliating.
Nor should prosecutors have charged Hunter with failing to pay $1.4 million in taxes during the period when he suffered from drug addiction. The IRS’s primary goal—to recover unpaid taxes—was satisfied when Hunter fully repaid the taxes he owed with interest and penalty. Felony tax charges are unwarranted here given that the tax amount is not exorbitant, his nonpayment occurred while he was using illegal drugs, and he fully repaid his taxes. A civil resolution or tax-misdemeanor charges would have been appropriate.
Notably, there had been a fair non-felony plea deal between Trump-appointed Delaware U.S. Attorney David Weiss and Hunter, but congressional Republicans worked to crush it. They opened an investigation into the DOJ’s plea negotiations, held hearings with testimony from IRS case agents and prosecutors, and attempted to intervene in the case before the plea. Amid intense political pressure from Republicans, Weiss killed the deal, requested and obtained special-counsel status, and charged Hunter with gun and tax felonies. As President Biden stated in announcing Hunter’s pardon, a number of his opponents in Congress took credit for bringing political pressure on the process. President Biden is correct that Hunter was treated differently; most criminal defendants do not have members of Congress interfering in their cases to lobby for harsher treatment. That is not how our criminal-justice system is supposed to work.
If there were reason to believe that Hunter had committed any of the more serious crimes that reportedly were under investigation—bribery, money laundering, or illegal foreign lobbying, I would be far less sympathetic to the president’s pardon. But Hunter was never charged with these more serious offenses. Weiss investigated Hunter for six years; that’s an unusually long time for a criminal investigation focused on one individual. If after six years Weiss still does not have a real case against Hunter, then it doesn’t exist. (Complicating matters is the fact that this past February, Weiss charged Alexander Smirnov—a former FBI informant and the GOP’s star witness against Hunter—for falsely accusing President Biden and Hunter of receiving bribes from Ukrainian businessmen.)
The absence of a credible case against Hunter does not mean that a Trump DOJ wouldn’t bring bogus charges against him. During his campaign, Trump vowed that, if elected, he would appoint a special prosecutor to “go after” “the Biden crime family.” In nominating Pam Bondi for attorney general and Kash Patel for FBI director, Trump has further signaled how serious he is about using the DOJ as an instrument of personal revenge. At the 2020 Republican convention, Bondi argued that President Biden and his son were corrupt. Recently, Patel proposed using the law “criminally or civilly” against Trump’s political rivals. When he announced the pardon, President Biden stated, “In trying to break Hunter, they’ve tried to break me—and there’s no reason to believe it will stop here. Enough is enough.” He’s right.
Now is not the time to cling to norms that Trump is poised to shatter. Political prosecutions are coming, and I fear that our democratic institutions will not withstand them.
That’s why President Biden’s pardon should not be his last. President Biden should use his pardon power to protect others from political prosecution just as he used it to protect his son. He should condemn Trump’s plan for political prosecutions. He should pardon Trump’s political enemies preemptively to stymie the Trump DOJ’s politically motivated investigations. In particular, public servants who have drawn Trump’s ire for doing their job should not have to spend precious time and money defending themselves against Trump’s lies. Nor should they have to endure the reputational hit, the safety risk, or the emotional toll of political prosecutions. President Biden alone has the power to stop other needless political prosecutions before they begin. He should use it.

Trump’s promise to further investigate Hunter Biden is a part of the attack on democratic values. He uses Hunter Biden like he has been using him for the past, as a distraction from all the chaos he causes. While the news is focusing on Hunter, he compromises some aspect of civil liberties for some group and grants privilege for another. Trump’s impending pardon for all the Jan 6 participants will embolden the far right like it did his first term. Biden’s pardon of Hunter means Trump will probably go after someone else since the original purpose of going after Hunter was to destroy a political rival. Think Banana Republic. Watch as Hunter recedes and Fox and News Max go after other rivals.
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Was he right to pardon the Cash for Kids judges? The cancer doc who diluted chemo treatments? All the other corrupt white collar criminals he pardoned/commuted? The claim that these people are “nonviolent” when people suffered and died because of them is sickening.
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So because some people may have been granted pardons who maybe shouldn’t have received them a reason not to pardon Hunter, who has obviously been unjustly prosecuted and who Trump has promised to continue to attack? I don’t pretend to know whether the other people pardoned deserved them or not as you do, but I do know that Hunter’s pardon was necessary and right.
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You’re cheering on Biden for behaving more like Trump, and insisting that it’s very smart and savvy and good to do so.
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Trump pardoned the criminals in his orbit. Biden pardoned his son, who was targeted because of his name.
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Hunter Biden only received millions of dollars in attempted bribes because of his name. Diane Ravitch approves of those bribes and of letting Hunter go scot-free. It’s sad how blind partisanship destroys some people’s judgment
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The guy who claimed Hunter Biden received millions in bribes has confessed that he made up the story. He admitted he is a liar.
Hunter Biden was convicted of purchasing a gun and saying he was not using drugs. He was. This is a criminal offense that seldom leads to a prison sentence, especially since he never used the gun and got rid of it 11 days after buying it.
He was also convicted of not paying all the taxes he owed. He paid then and paid the penalties. That usually does not get prison time.
Hatred is very corrosive to your soul and heart. It’s almost Christmas. Try to be a better person.
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Marcy Wheeler at Emptywheel.net is also quite good about how right wing prosecutor David Weiss (with help from the Trump-appointed judge bending over backward to accommodate Weiss’ misleading statements and forbid other exonerating information she claimed would “confuse the jury” ) fudged the timeline – implying that Hunter’s documented drug use in a hotel room at a completely DIFFERENT time was actually drug use during the 11 days he owned a gun.
As Wheeler points out, the prosecutor was given unlimited money and time – 6 years! – to find ANY evidence of Hunter Biden wrongdoing and like Ken Starr, he was stuck manufacturing a case that was absurd entirely to please right wing politicians.
https://www.emptywheel.net/2024/12/10/zero-accountability-the-five-plus-times-doj-got-fabricated-evidence-against-hunter-biden/
https://www.usatoday.com/story/news/investigations/2024/06/26/hunter-biden-gun-case-shop-made-mistake/74203329007/
Marcy Wheeler OPPOSED Biden pardoning Hunter because she wanted David Weiss’ prosecutorial wrongdoing – wrongdoing that is backed up by clear and credible UNDISPUTED evidence – to be exposed during appeal.
But I think she may have changed her mind a bit now. It is clear that corrupt prosecutors and judges will be given free reign to punish people – Liz Cheney surely will be jailed by the end of the year if Kash Patel has his way.
And the so-called liberal media will help normalize what Trump is doing as simply “retribution” on enemies who have illegally done horrible things to Trump INSTEAD of law-respecting people who are upholding the Constitution.
We live in Orwellian times, when respecting the Constitution makes you an “enemy of the state” with the co-opted media saying retribution against those folks is all good and right and normal.
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^^^https://www.emptywheel.net/2024/12/02/america-just-failed-the-test-of-responding-to-trumps-politicized-prosecutions/
A VERY scary look at what is now acceptable in America.
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Stop reading and listening to right wing ideologues. six years of investigation turned up NO evidence of bribes. What’s an attempted bribe and how do you receive $$ from one?
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This post is about punishment fitting the crime. The GOP was trying to make Hunter Biden a sacrificial lamb in a perverse “game of thrones” Trrumpian retribution. Good for Joe Biden for protecting his son from being used as a political pawn.
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Everyone is forgetting a very important fact about the FBI’s main informant Alexander Smirnov. He not only lied and plead guilty to it, it was revealed last February that he was working with/for Russian intelligence. From NPR:
“Ex-FBI informant has ‘extensive’ Russian intelligence contacts, lawyers say”
https://www.npr.org/2024/02/21/1233009344/ex-fbi-informant-has-extensive-russian-intelligence-contacts-lawyers-say
Most of the recent reports about Smirnov admitting he lied not only were buried in back pages but the fact that he was peddling Russia disinformation was conveniently omitted. The media has no problem smearing the Bidens but Gor forbid they embarrass their sources in the FBI.
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I’m sure you saw a comment a few days ago resurrecting the lie that Biden and Hunter collected millions in bribes. That came from Smirnov.
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Everyone is forgetting a very important fact about the FBI’s main informant Alexander Smirnov. He not only lied and plead guilty to it, it was revealed last February that he was working with/for Russian intelligence. From NPR:
“Ex-FBI informant has ‘extensive’ Russian intelligence contacts, lawyers say”
https://www.npr.org/2024/02/21/1233009344/ex-fbi-informant-has-extensive-russian-intelligence-contacts-lawyers-say
Most of the recent reports about Smirnov admitting he lied not only were buried in back pages but the fact that he was peddling Russia disinformation was conveniently omitted. The media has no problem smearing the Bidens but Gor forbid they embarrass their sources in the FBI.
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