Business

Biden Could Still Commute Hunter Biden’s Sentence, Press Secretary Says

June 13, 2024

Topline

White House Press Secretary Karine Jean-Pierre would not comment on whether President Joe Biden will commute Hunter Biden’s sentence, when asked by reporters on Wednesday—leaving the possibility open that the president could lessen his son’s sentence.

Hunter Biden exits federal court with his wife Melissa Cohen Biden and Jill Biden in Wilmington, … [+] Del. on Tuesday, June 11.

The Washington Post via Getty Images

Key Facts

Reporters said on X, formerly known as Twitter, that Jean-Pierre declined to comment on whether Biden would commute his son’s sentence, though she reiterated he would not pardon him.

A presidential commutation of sentence could reduce one’s sentence—including jail time or fines—totally or partially after it has begun, “but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person,” according to the justice department.

Hunter Biden was convicted Tuesday of three federal felonies for unlawfully purchasing a gun while he was addicted to drugs six years ago.

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What Is The Difference Between Pardoning And Commuting?

Pardoning and commuting are both forms of executive clemency that the president has, meaning he can use either to “exercise leniency toward persons who have committed federal crimes,” according to the DOJ. While commuting a sentence doesn’t change the conviction or remove civil disabilities one loses upon conviction—such as the right to sit on a jury or hold office—it can lift or reduce fines or restitution payments that have not yet been paid and were imposed as part of a sentence. Pardoning, on the other hand, can remove civil disabilities and is meant to “lessen the stigma arising from the conviction.” It can also make it easier to obtain licenses, bonding or employment despite the conviction. Neither commuting or pardoning implies innocence.

What We Don’t Know

What Hunter Biden’s sentence is. The three charges carry a total maximum sentence of 25 years in prison and $750,000 in fines. Judge Maryellen Noreika has not set a date for sentencing, but said Tuesday it is usually set for 120 days after a verdict, which would be Oct. 9.

Key Background

Hunter Biden was charged last year by Justice Department Special Counsel David Weiss’ office for lying to a federally licensed gun dealer, making a false statement on his application to buy a firearm and illegally owning a gun for 11 days while he was addicted to drugs in 2018. Hunter Biden’s trial took place in Wilmington, Delaware, Biden’s hometown, and he was convicted by a 12-person jury that deliberated for less than a day. The prosecution relied heavily on Hunter Biden’s own account of being a drug addict from his memoir, “Beautiful Things,” in which he talked about using drugs around when he bought the gun. Hunter Biden’s defense argued he did not “knowingly” lie on the form because he may have believed he was clean, and said prosecutors failed to prove his drug use overlapped with the gun purchase. After the verdict, Hunter Biden—who has openly struggled with an addiction to crack cocaine—said he was more grateful for the “love and support” he received over the last week than he was disappointed in the verdict.