Top Line
White House press secretary Karine Jean-Pierre declined to comment when asked by reporters on Wednesday whether President Joe Biden would commute Hunter Biden's sentence, leaving open the possibility that the president could commute his son's sentence.
Hunter Biden leaves the federal courthouse in Wilmington with his wife, Melissa Cohen Biden, and Jill Biden. … [+]
Key Facts
Reporters on X, formerly known as Twitter, said Jean-Pierre declined to comment on whether Biden would commute his son's sentence, but reiterated that there would be no pardon.
According to the Justice Department, a presidential commutation may reduce in whole or in part a sentence after the start of a sentence, including prison time and fines, but “does not alter the facts of a conviction, imply innocence, or remove any civil rights impairments applicable to a person convicted of a crime.”
Hunter Biden was convicted Tuesday of three federal felony counts for illegally purchasing guns six years ago while he was high on drugs.
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What is the difference between a pardon and a commutation of sentence?
Pardons and commutations are both types of presidential pardons that the president can use to “grant clemency to those who have committed federal crimes,” according to the Department of Justice. Commutations do not change a conviction or remove civil rights lost as a result of a conviction, such as the right to serve on a jury or hold public office, but they can waive or reduce any outstanding fines or restitution assessed as part of a sentence. Pardons, on the other hand, can remove civil rights and are intended to “reduce the stigma caused by a criminal conviction.” They also make it easier for convicted people to obtain licenses, bond, and employment. Neither commutations nor pardons imply innocence.
What we don't know
What will Hunter Biden be sentenced for? The maximum sentence for the three charges is a combined 25 years in prison and a $750,000 fine. Judge Maryellen Noreika has not set a sentencing date, but said on Tuesday that it would likely be October 9, which is typically set 120 days after the verdict.
Main Background
Hunter Biden was indicted last year by the office of Special Counsel David Weiss of the Department of Justice for lying to a federally licensed firearms dealer, making false statements on a firearm purchase application, and illegally possessing a gun for 11 days in 2018 while he was high on drugs. Hunter Biden's trial took place in Biden's hometown of Wilmington, Delaware, and he was found guilty by a 12-person jury who deliberated for less than a day. The prosecution relied heavily on Hunter Biden's own account in his memoir, “Beautiful Things,” of being a drug addict who said he was using drugs when he bought the gun. Hunter Biden's defense argued that he did not “knowingly” lie on the application because he may have believed he was clean, and said prosecutors failed to prove that his drug use and gun purchases overlapped. After the verdict, Hunter Biden, who has been open about his struggles with crack cocaine addiction, said that rather than being disappointed by the verdict, he was grateful for the “love and support” he had received over the past week.
Points to note
What will happen to Hunter Biden's tax evasion trial? The trial has been postponed from its original June 20 start date to September 5.
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