Constitutional law expert Alan Dershowitz called on President Joe Biden to extend the same principle used in pardoning his son, Hunter Biden, to President-elect Donald Trump and nonviolent offenders from the Jan. 6 Capitol riot.
Speaking on Newsmax’s Finnerty Monday, Dershowitz argued such a move would “send a message of equality” and bolster Biden’s legacy.
A Call for Consistency
Dershowitz emphasized that Biden’s pardon of his son, justified by claims of selective prosecution, sets a precedent that should be applied broadly. He warned that if Hunter’s pardon becomes an isolated act, “history will look very, very negatively upon him.”
“The principle Biden applied to Hunter is the correct one: You don’t have selective prosecution,” Dershowitz said. “What Hunter Biden did was criminal, whereas what Donald Trump did, certainly in New York, was not. But in both cases, they wouldn’t have been prosecuted if their names were ‘Smith.’”
Symbolic but Significant
While Dershowitz acknowledged that a presidential pardon couldn’t absolve Trump of all charges—such as the 34-count conviction in New York—he noted Biden could pardon Trump for federal cases in Florida and D.C., even if they remain unresolved during Biden’s presidency.
“Such a pardon would be largely symbolic but deeply meaningful,” Dershowitz explained. “It would demonstrate a commitment to equality and signal that partisan affiliations and political views should not dictate prosecution.”
Support from Senator Joe Manchin
Sen. Joe Manchin (I-W.Va.) echoed Dershowitz’s sentiment during a CNN interview Monday, suggesting Biden should consider pardoning Trump. Reflecting on Hunter Biden’s pardon, Manchin argued, “What I would have done differently…would have been, ‘Why don’t you go ahead and pardon Donald Trump for all his charges?’”
Manchin also expressed understanding for Biden’s decision as a father, stating, “I don’t know of a father that wouldn’t have done the same thing.”
Hunter’s Pardon: A Defense Against ‘Selective Prosecution’
Biden announced his son’s pardon Sunday, citing political motivations behind the charges, which included three felonies related to a 2018 gun purchase. In his statement, Biden declared, “Hunter was singled out only because he is my son—and that is wrong.”
The president painted the prosecution as an attack on his family, saying, “In trying to break Hunter, they’ve tried to break me. Enough is enough.”
Will Biden Expand His Pardoning Power?
Dershowitz questioned whether Biden would act on his principle of fairness. “Will he do that? I’m not sure,” he said. However, the call for broader pardons has intensified as Biden faces mounting scrutiny over his unprecedented decision to absolve his son, leaving many to wonder if his next move will align with his professed commitment to justice and equality.
