President Joe Biden’s recent decision to pardon his son, Hunter Biden, underscores the power and compassion inherent in the presidential pardon. However, while this personal act of clemency reflects Biden’s humanity, it also raises a broader question about fairness: Should mercy be reserved for those with connections to power, or should it extend to the millions of Americans who have paid their debt to society and continue to face lifelong barriers because of their past convictions?
If Biden can pardon his son, he must also seize this moment to champion justice for all. By launching a sweeping “Pardon Emancipation” initiative for nonviolent federal felons who have completed their sentences, Biden could address systemic racism, dismantle the lingering impacts of mass incarceration, and leave a legacy of transformative leadership. This bold action would not only correct injustices of the past but also redefine the trajectory of American criminal justice.
The Case for a Pardon Emancipation
Presidential pardons have historically served as powerful tools to correct injustices and extend mercy, yet their application has often been selective. From Abraham Lincoln’s Emancipation Proclamation, which symbolized a national commitment to justice and liberation, to Jimmy Carter’s pardon of Vietnam War draft dodgers, which helped heal a divided nation, bold uses of clemency have marked critical moral and political turning points. President Joe Biden now stands at a similar crossroads, with an opportunity to use the power of the pardon to address systemic injustices and create lasting change.
A “Pardon Emancipation” initiative could offer a transformative second chance to millions of Americans, particularly those impacted by the draconian policies of the 1994 crime bill, which Biden himself authored. While the bill was framed as a necessary measure to curb crime, it disproportionately devastated Black and Latino communities. It expanded mandatory minimum sentences, promoted “three strikes” laws, and intensified the war on drugs, resulting in mass incarceration on an unprecedented scale.
Black communities bore the brunt of these policies. Families were torn apart as nonviolent drug offenders faced disproportionately long prison sentences. The bill also allocated billions for prison construction, prioritizing punishment over prevention and rehabilitation. These policies entrenched systemic inequities, creating cycles of poverty and incarceration that persist to this day. Entire generations of Black Americans were stripped of opportunities as criminal records barred individuals from accessing housing, employment, and voting rights, further marginalizing already disadvantaged communities.
A clemency initiative by President Biden would acknowledge these harms and serve as a critical step toward repairing the damage caused by the policies he championed. By addressing the legacy of the 1994 crime bill through bold and inclusive pardons, Biden has the chance to demonstrate that justice must include redemption, and that the path forward must prioritize equity, rehabilitation, and fairness for all.
Such an initiative could focus on three guiding principles:
- Addressing Racial Disparities
The 1994 crime bill contributed significantly to the over-policing and mass incarceration of communities of color. By targeting offenses like nonviolent drug crimes for clemency, Biden could confront the racial disparities embedded in the justice system and take a significant step toward reconciliation. - Ending the Cycle of Injustice
Long sentences for victimless crimes perpetuate poverty, recidivism, and intergenerational trauma. Individuals who have completed their sentences often face barriers to employment, housing, and even voting, locking them out of full participation in society. A Pardon Emancipation would break this cycle, recognizing that punishment should not extend indefinitely. - Prioritizing Reintegration
Clemency must be paired with reintegration efforts to ensure those pardoned can successfully rebuild their lives. Robust programs for education, job training, housing, and mental health support should accompany pardons, empowering individuals to contribute positively to their communities.
The act of pardoning felons on such a broad scale would carry profound symbolic weight. It would signal to Black and Brown communities that the federal government acknowledges its role in creating and perpetuating racial disparities in the justice system. More importantly, it would demonstrate a commitment to dismantling those disparities and building a more equitable society.
Biden’s leadership on this issue would not only correct injustices of the past but also challenge the future trajectory of American criminal justice. A Pardon Emancipation would redefine how the nation approaches fairness, redemption, and equity by shifting the focus from punitive measures to rehabilitation and reintegration.
A Moral Imperative
Consider the story of a man who, decades after serving his time for a felony conviction, was stopped during a background check while trying to visit the White House with his daughter. Despite having lived a law-abiding life for over 40 years, his past still haunted him. This incident highlights the enduring stigma of a felony conviction, even for those who have long paid their debt to society. Contrast this with the reality that President-elect Trump, 34 felony charges are free to campaign for the highest office, and the inequities in how redemption and accountability are applied become painfully clear.
President Biden’s pardon of his son, while a deeply personal act, creates a profound ethical obligation for him to extend the same compassion to others. Millions of Americans with nonviolent federal convictions—many from decades ago—deserve the opportunity to move beyond their past mistakes and rebuild their lives. It is troubling that while Democrats are quick to label Republicans as complicit in systemic racism, few are holding Biden accountable for addressing the harm caused by the 1994 crime bill he championed. Mercy should not be a privilege reserved for the well-connected; it must be a right for all who have earned it.
Biden’s role as the architect of the 1994 crime bill ties him personally to the era of mass incarceration. While he has expressed regret for the unintended consequences of the bill, words are not enough. By embracing a Pardon Emancipation, Biden could transform his legacy from one of punitive policies to one of justice and equity.
A sweeping pardon initiative would restore dignity to millions of lives and serve as a powerful acknowledgment of the government’s role in perpetuating systemic injustice. It would affirm that redemption is not limited to the privileged few but is a core principle of a just society
America stands at a pivotal moment. The country is grappling with the lingering effects of mass incarceration, systemic racism, and a justice system that too often prioritizes punishment over rehabilitation. President Biden has the opportunity to lead a national reckoning, using the power of the pardon not just to correct individual wrongs but to advance systemic change.
If Biden can pardon his son, he must also think of the millions who remain trapped by their past. A Pardon Emancipation would be an act of compassion, justice, and leadership, redefining the presidency’s role in fostering fairness and equality. The time for action is now. Biden must rise to the occasion and show that in America, redemption is for everyone.
