How the pardon happened

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Dec 02, 2024 View in browser
 
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DRIVING THE DAY

President Joe Biden, wearing a Team USA jacket and walking with his son Hunter Biden.

From the moment Hunter Biden was indicted nearly a year ago until Sunday afternoon, President Joe Biden and his deputies vowed over and over he wouldn’t pardon his son. | Susan Walsh/AP Photo

Just before hopping on Air Force One for what is likely his final foreign trip as president, JOE BIDEN did what he repeatedly vowed he would never do and announced a “full and unconditional” pardon for his son HUNTER.

We know a little more this morning about the how, less about the why.

We’re told the family discussed the issue over the long Thanksgiving weekend in Nantucket, where the Bidens spent the holiday. Word reached senior White House staff on Saturday night that the pardon could be coming. Yesterday, Biden made the decision final and work began on the legal fineries and the statement announcing it.

In that lengthy statement, which came shortly after NBC broke the news of the impending pardon, Biden lamented how, in his words, his son was “treated differently” for political reasons.

“No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong,” Biden wrote. “I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice.”

He added, in anticipation of the certain blowback, “I hope Americans will understand why a father and a President would come to this decision.”

What they will have a harder time understanding is why Biden made this decision after spending months insisting that he wouldn’t do exactly this.

Make no mistake, this is an absolute 180 degree turn in Biden’s position. From the moment Hunter Biden was indicted nearly a year ago until Sunday afternoon, he and his deputies vowed over and over he wouldn’t pardon his son — even after DONALD TRUMP won his bid to return to the White House.

If you are looking for a firsthand explanation from the president himself, you are probably going to have to wait: He remains en route to Angola, and the White House has not yet advised any media availability for the remainder of the week. Press secretary KARINE JEAN-PIERRE, who issued repeated denials that a pardon was in the offing, is set to take questions later this morning on Air Force One alongside NSC’s JOHN KIRBY.

THE DETAILS: The reasons for the timing of the decision are straightforward enough: Hunter Biden was facing two separate sentencings later this month: on Dec. 12 for his June conviction on three felony gun charges stemming from his 2018 purchase of a handgun while addicted to cocaine, and on Dec. 16 for his September guilty plea to federal tax crimes.

The pardon spares Hunter from all of that. As his father wrote last night, “once I made this decision this weekend, there was no sense in delaying it further.” Said the son in his own statement, “I will never take the clemency I have been given today for granted and will devote the life I have rebuilt to helping those who are still sick and suffering.”

What that doesn’t explain is the sheer breadth of the pardon, which immunizes Hunter Biden from further federal prosecution for any conduct through a nearly 11-year period that ended at midnight — not only the crimes for which he has been charged.

It not only breaks with standard pardon practice, which is to grant clemency only to those who have at least partially served out their sentences, but takes a place as one of the most sweeping pardons ever granted.

“I have never seen language like this in a pardon document … with the exception of the [RICHARD] NIXON pardon,” said MARGARET LOVE, who served as DOJ’s pardon attorney from 1990 to 1997, to Betsy Woodruff Swan last night. “Even the broadest Trump pardons were specific as to what was being pardoned.”

That hints at the real reason why Biden might have decided to tarnish his legacy and renege on his vows not to intervene: Trump’s repeated vows for revenge against his political enemies and his immediate moves to put political loyalists like MATT GAETZ and KASH PATEL in charge of federal law enforcement — people who would have few qualms about pursuing additional charges against his son for alleged crimes ranging from illegal foreign lobbying to sex trafficking.

THE REACTION: The criticism has been expectedly withering among Republicans, who claimed vindication last night for their yearslong campaign targeting the Biden family’s business dealings. Look no further than House Oversight Chair JAMES COMER (R-Ky.), whose investigations yielded no smoking guns but who gladly pulled the trigger on a fiery statement soon after last night’s announcement.

“Joe Biden has lied from start to finish about his family’s corrupt influence peddling activities,” he wrote. “Not only has he falsely claimed that he never met with his son’s foreign business associates and that his son did nothing wrong, but he also lied when he said he would not pardon Hunter Biden.”

The more interesting reaction, frankly, has come from Democrats — who are split as to whether Biden was justified in sparing his son from potential Trump retribution or whether he committed a regrettable act of hypocrisy that further undermines governing norms and lowers the bar for condemning Trump’s own behavior.

In the former camp, count former AG ERIC HOLDER, who claimed last night that no federal prosecutor “would have charged this case given the underlying facts,” and former DOJ official ANTHONY COLEY, who texted us this last night: “Biden was right to do it. Trump is putting in place the pieces to weaponize the DOJ — why would Biden leave his only surviving son exposed in that way?”

In the latter camp, you so far have Colorado Gov. JARED POLIS, who called it a “bad precedent that could be abused by later Presidents and will sadly tarnish his reputation,” and Rep. GREG STANTON (D-Ariz.), who said “Hunter committed felonies, and was convicted by a jury of his peers.”

Add to that the early reaction out of the liberal takeosphere, notably from the Atlantic’s Jonathan Chait, who wrote that “principles become much harder to defend when their most famous defenders have compromised them flagrantly.”

As if on cue, Trump himself made his first comment just moments before Chait’s column posted: “Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years? Such an abuse and miscarriage of Justice!”

Good Monday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade and Eugene Daniels.

 

A message from Tobacco-Free Kids Action Fund:

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BIG NEW INVESTIGATION — Senators will have more questions for Defense secretary pick PETE HEGSETH after a lengthy report late last night from The New Yorker’s Jane Mayer about his largely pre-Fox News work history. She reports that documents and former colleagues indicate both Veterans for Freedom and Concerned Veterans for America forced Hegseth to step down from running them “in the face of serious allegations of financial mismanagement, sexual impropriety, and personal misconduct.” Among the allegations:

  • A CVA whistleblower report said that Hegseth got drunk “to the point of needing to be carried out” of multiple work events and that he (and others) “sexually pursued the organization’s female staffers” despite being married.
  • A different former employee sent a 2015 letter claiming that Hegseth drunkenly chanted “Kill all Muslims” at a bar.
  • VFF struggled with significant debt under his leadership, with donors worried about spending decisions.
  • Despite Hegseth lawyer TIM PARLATORE’s claim that Hesgseth’s sexual assault accuser had previously falsely accused someone else, Monterey County, California, tells Mayer there is no evidence to support Parlatore’s contention.

In response, a Hegseth adviser says via Parlatore to The New Yorker: “We’re not going to comment on outlandish claims laundered through The New Yorker by a petty and jealous disgruntled former associate of Mr. Hegseth’s. Get back to us when you try your first attempt at actual journalism.”

 

A message from Tobacco-Free Kids Action Fund:

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WHAT'S HAPPENING TODAY

On the Hill

The Senate will meet at 3 p.m. to take up a judicial nomination.

The House is out.

3 things to watch …

  1. Three weeks left in the lame duck session, and there still isn’t a clear answer to the biggest question left: How will Congress keep the government open past Dec. 20? While most on Capitol Hill are assuming a continuing-resolution punt into 2025, that decision has not been formally made, nor have a whole lot of related decisions about how long a CR might run or what might get attached to it. Watch this week for more on that, and also on the prognosis for the National Defense Authorization Act — the other must-pass bill that many Hill honchos are counting on to carry key end-of-the-Congress priorities.
  2. A huge committee clash could be in the offing for House Democrats: Rep. JAMIE RASKIN (D-Md.) is moving closer to challenging Rep. JERRY NADLER (D-N.Y.) for the top spot on the House Judiciary Committee. Raskin pointedly declined to rule out the move on CNN yesterday, and he reportedly has the backing of former Speaker NANCY PELOSI (D-Calif.) in taking on Nadler. If Raskin jumps, Nadler will be the third longtime Democratic committee leader — and by far the highest profile — to earn a challenge. More from Axios’ Andrew Solender
  3. The House inquiry into the assassination attempts targeting Trump is set to come to a close later this week. Acting Secret Service Director RONALD ROWE JR. will testify on Thursday in front of the House task force investigating the summer incidents in Butler, Pennsylvania, and West Palm Beach, Florida. A spokesperson said the panel will also vote that day to release its final report, per Jordain Carney — fulfilling its charge to finish its work by year’s end.

At the White House

Biden this morning met with Cape Verdean PM ULISSES CORREIA E SILVA in Sal, before traveling to Luanda, Angola, where he’ll meet with U.S. Embassy staffers and family members in the evening,

VP KAMALA HARRIS will have internal meetings and briefings.

 

REGISTER NOW: As the 118th Congress ends, major decisions loom, including healthcare appropriations. Key focus: site neutrality. Can aligning hospital and clinic costs cut federal spending, reflect physician costs, and lower patient expenses? Join policymakers and providers to discuss.

 
 
PLAYBOOK READS

TRANSITION LENSES

Massad Boulos listens as Republican presidential nominee former President Donald Trump speaks at a campaign office, Friday, Oct. 18, 2024, in Hamtramck, Mich. (AP Photo/Evan Vucci)

Lebanese American businessman and lawyer, Massad Boulos, will be Donald Trump's senior adviser on Arab and Middle Eastern affairs. | Evan Vucci/AP Photo

ALL IN THE FAMILY — Trump has tapped another of his children-in-law’s fathers for an administration role: MASSAD BOULOS will be senior adviser on Arab and Middle Eastern affairs. The Lebanese American businessman and lawyer, who’s father-in-law to TIFFANY TRUMP, was a visible surrogate trying to sway Arab Americans and Muslims to vote for Trump during the campaign. Now he’ll play a role in crafting the U.S.’ policy for the region.

“The new role could offer Boulos the kind of political clout he could not achieve in Lebanon,” where he ran for parliament six years ago, Reuters’ Andrea Shalal and Maya Gebeily report from D.C. and Beirut. Boulos has ties to figures across the Lebanese political spectrum, including notably an “ability to maintain relations with Hezbollah,” sources tell them. In his announcement, Trump emphasized that Boulos is a “dealmaker” who will seek peace in the Middle East.

More top reads:

  • Kash flow: Trump’s shock selection of KASH PATEL for FBI director came despite aides warning that Patel lacked experience and might not get confirmed, WSJ’s Vivian Salama, Sadie Gurman and Ryan Barber report. CHARLES KUPPERMAN, who supervised Patel in the first Trump administration, tells them he’s “absolutely unqualified” and “untrustworthy,” and it’s “an absolute disgrace” for him to be considered. Expect lots of Senate questions: “Few people tapped for any top federal post, much less a job as vital as F.B.I. director, have come with quite so much bravado, bombast or baggage as Kash Patel,” write NYT’s Glenn Thrush, Elizabeth Williamson and Adam Goldman.
  • Talk of this town: “Can Washington Do Without the Background Check?” by Michael Schaffer: “Even if [Trump and the FBI] ultimately work out a deal [on vetting], it may well involve a less rigorous set of protocols than the ones that have long prevailed in Washington. … [A] quieter conversation is going on already among insiders who work on the often infuriating background-check ritual: What would such a transformation mean for how the capital does business?”

AMERICA AND THE WORLD

POTUS ABROAD — Biden’s stops in Cape Verde and Angola are the first time an American president has visited sub-Saharan Africa since 2015. Across Angola, the centerpiece of the trip, he’ll seek to excavate the painful history of the slave trade while also promoting an optimistic vision of future economic development, NYT’s Zolan Kanno-Youngs previews. He’ll highlight the $1 billion Lobito Corridor rail project. But experts say China and Russia have a significant lead in investing visibly across the continent.

TRUMP GETS RESULTS — Canadian Public Safety Minister DOMINIC LeBLANC told CBC’s Rosemary Barton that Canada will make its border enforcement more “visible and muscular,” in the wake of Trump’s tariff threat partially due to immigration. LeBlanc said an announcement of more resources is likely in the days or weeks ahead.

DANCE OF THE SUPERPOWERS — Taiwanese President LAI CHING-TE touched down in Hawaii and met with Gov. JOSH GREEN and members of Congress, provoking a sharp condemnation from China. More from the Honolulu Star-Advertiser

POLICY CORNER

Rep. Jim Jordan (R-Ohio) speaks during a press conference at the U.S. Capitol June 12, 2024. (Francis Chung/POLITICO via AP Images)

Judiciary Chair Jim Jordan (R-Ohio) is hoping the reconciliation package will include the “remain in Mexico” policy and new asylum limits. | Francis Chung/POLITICO

IMMIGRATION FILES — Major political fights loom all over the GOP for an expected crackdown on immigration next year.

In Congress, it may be hard to get more than border wall and technology funding in a party-line reconciliation bill, Jordain Carney and Daniella Diaz report. H.R. 2, a broader House bill focused on immigration, isn’t expected to make it past Senate Democrats’ filibuster. What else could get signed into law? Judiciary Chair JIM JORDAN (R-Ohio) isn’t giving up yet on getting the reconciliation package to include the “remain in Mexico” policy, new asylum limits and Flores settlement alterations. But that might provoke a confrontation with the parliamentarian over budgetary rules. And there are political obstacles too, as moderates might balk at getting too extreme.

Of course, the executive branch will drive much of the policy change. But there, too, are intra-party divides. Silicon Valley, including key figures like ELON MUSK and MARC ANDREESSEN, wants the Trump administration to make it easier for high-skilled immigrants to come to the U.S., providing a crucial, STEM-focused labor force, Brendan Bordelon reports. They hope to sway Trump by making an argument about American competitiveness. But STEPHEN MILLER and other hard-line anti-immigration leaders may urge Trump to slash, not expand, green cards and high-skilled visas.

Across the country, many communities are waiting and watching to see how they’ll be affected. Some DACA recipients worry that deportation could still come for them more than a decade after they received protections, AP’s Gabriel Sandoval reports from Phoenix. In Trump-supporting Dalton, Georgia, mass deportations could upend the local economy — but some residents don’t expect significant arrests, WSJ’s Cameron McWhirter and Arian Campo-Flores report.

More top reads:

  • Tumult in Bethesda: “Long a ‘Crown Jewel’ of Government, N.I.H. Is Now a Target,” by NYT’s Teddy Rosenbluth and Emily Anthes: “While even the agency’s defenders acknowledge that the N.I.H. needs modernization, the radical reforms now proposed would be difficult, if not impossible, without years of legal wrangling and significant support from Congress, experts say. But many fear that the next administration will nonetheless weaken the N.I.H., divesting from critical research with long-lasting consequences for science, innovation and public health.”
  • Tales from the crypto: The cryptocurrency world is breathing easier after Trump’s election, expecting a friendlier SEC to settle its lawsuits against top exchanges on favorable terms to the industry, WSJ’s Dave Michaels reports.
 

A message from Tobacco-Free Kids Action Fund:

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Almost all flavored e-cigarettes are illegal. The FDA must act. Learn more.

 

THE WHITE HOUSE

BIG MOMENT — For the first time, the AIDS Memorial Quilt was displayed on the South Lawn of the White House yesterday as the Bidens commemorated World AIDS Day in a ceremony that visibly moved both of them, ABC’s Justin Gomez reports.

JUDICIARY SQUARE

FILE - The Supreme Court is seen in Washington, Nov. 2, 2024. (AP Photo/J. Scott Applewhite, File)

The Supreme Court will take up oral arguments today regarding the FDA’s regulation of flavored vapes. | J. Scott Applewhite, File/AP Photo

SCOTUS WATCH — The Supreme Court will take up some significant cases this week, beginning with oral arguments today regarding the FDA’s regulation of flavored vapes, as WaPo’s David Ovalle and Rachel Roubein preview. At issue is the agency’s decision to reject some flavored e-cigarettes from going to market. FDA supporters argue that it’s an important step to keep kids away from addictive substances, and that overturning the decisions would be an unprecedented interference from the courts. But the industry, with Trump’s support, says the FDA erred, and this could offer conservative justices another opportunity to diminish federal regulatory agencies’ power. There could be knock-on effects for the FDA’s tobacco authority.

Then on Wednesday, Tennessee’s move to ban gender transition-related medical care for minors will come up for review, NBC’s Jo Yurcaba previews. Potential outcomes range from a landmark transgender rights ruling to the green light for restrictions on such care across the country, even beyond just minors.

Further down the pike: “Recess appointments could put Trump at odds with conservatives on the Supreme Court,” by AP’s Mark Sherman

VALLEY TALK

ANNALS OF INFLUENCE — “As his power grows, D.C. wonders: How do you lobby a man like Elon Musk?” by WaPo’s Cat Zakrzewski, Faiz Siddiqui and Pranshu Verma: “Over the years, Musk has repeatedly cut ties with outside firms that were brought on to improve relations with government officials and advocate for policies that would be beneficial to his companies … Instead, Musk has sought to form personal relationships with regulators at the Federal Communications Commission, members of Congress — and now the president-elect. That has created a sudden and vexing challenge for those looking to influence the Trump administration through [him].”

 

Want to know what's really happening with Congress's make-or-break spending fights? Get daily insider analysis of Hill negotiations, funding deadlines, and breaking developments—free in your inbox with Inside Congress. Subscribe now.

 
 
PLAYBOOKERS

Robert Houton is running for DNC chair.

Jason Kander helped hundreds of Afghans escape.

Dinesh D’Souza apologized and said part of “2,000 Mules” was based on inaccurate info.

Bernie Sanders thinks Elon Musk has some good ideas about defense spending.

Sara Netanyahu had dinner with Donald Trump.

Jill Biden announced that the White House holiday theme is a “Season of Peace and Light.”

SPOTTED courtside at the Houston Rockets game last night: Sen. Ted Cruz (R-Texas), Matthew Whitaker and Raheem Kassam.

FIRST IN PLAYBOOK — Roman Napoli is now chief financial officer of the U.S. Agency for Global Media. He most recently was budget director and deputy assistant administrator at USAID.

Washington Office is adding Daniel Fata as senior adviser and director of strategic services, Melody Neil as an adviser and strategic tech liaison and Selina Hayes as an adviser. Fata is a Lockheed Martin and Defense Department alum. Neil is a House Appropriations alum who has also focused on the tech sector. Hayes is CEO/President of Hayes Group International.

Sierra Kelley-Chung is joining Apple as senior government affairs representative. She most recently was deputy chief of staff to Rep. Steven Horsford (D-Nev.), and is an Anthony Brown and DCCC alum.

TRANSITIONS — Dan Kunsman has been named staff director for the office of the Senate GOP whip. He’s the longtime chief of staff to Sen. John Barrasso (R-Wyo.), who’s taking over the No. 2 role. … Andrew Meyer is now manager of federal affairs, government affairs and public policy at YouTube. He previously was legislative director for Rep. Greg Pence (R-Ind.).

ENGAGED — Nathan Click, political spokesperson for California Gov. Gavin Newsom and a public affairs veteran, proposed to Joey Freeman, deputy LA mayor for intergovernmental affairs, last week. Nathan surprised Joey and popped the question after Joey was brought by colleagues to the top of LA City Hall under false pretenses. Pic

WELCOME TO THE WORLD — Thomas da Silva Rosa, a senior consultant at APCO, and Natasha Bernard, chief of staff to the CEO at POLITICO, recently welcomed Eliora da Silva Rosa, who joins big brother Benjamin. PicAnother pic

HAPPY BIRTHDAY: Interior Secretary Deb Haaland … VA Secretary Denis McDonough … Rep. Robert Garcia (D-Calif.) … Cal Thomas … U.S. Permanent Representative to NATO Julianne SmithBob CareyCarrie WoffordDan Puskar of the Public Lands Alliance … NBC’s Chris Berend … ABC’s Brad MielkeMairéad Lynn of Sen. Bob Casey’s (D-Pa.) office … Rayshon PaytonAndrew HowellJohn HollisJohn Bodnovich of the American Beverage Licensees … Kelly (Klass) Bourne of LSG … Mark Irion … former AG Edwin Meese (93) … Stone Phillips  … former Sen. Wayne Allard (R-Colo.) … Kristi Swartz … former Reps. Carol Shea-Porter (D-N.H.) and Pete Gallego (D-Texas) … Bank of America’s Liz RosenbergDJ SigworthAlex Short Martín Diego Garcia of the Campaign Workshop … Lauren Cross

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Send Playbookers tips to playbook@politico.com or text us at 202-556-3307. Playbook couldn’t happen without our editor Mike DeBonis, deputy editor Zack Stanton and Playbook Daily Briefing producer Callan Tansill-Suddath.

 

A message from Tobacco-Free Kids Action Fund:

E-cigarettes are more addictive and kid-friendly than ever.

E-cigarette makers are hooking kids with illegal vapes featuring fun flavors and built-in video games. These products contain more nicotine than ever — some have as much nicotine as 20 packs of cigarettes.

Over 1.6 million kids use e-cigarettes, and nearly 90% use flavored products — almost all of which are illegal. That’s why we are calling on the FDA and other agencies to take action. It's time to protect kids by removing illegal products from store shelves and stopping them from pouring into our country. Learn more.

 
 

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