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Dec. 4, 2024, 12:35 p.m.

What are the limits of the presidential power to pardon?

SUMMARY

President Biden issued a full and unconditional pardon of his son, Hunter, who was just days away from a possible prison sentence in two federal felony cases against him. It raises new questions about Biden's legacy as he closes out his final chapters in the White House. Geoff Bennett discussed the precedent this pardon could set with Margaret Love.

View the transcript of the story.

News alternative: Check out recent segments from the NewsHour, and choose the story you’re most interested in watching. You can make a Google doc copy of discussion questions that work for any of the stories here.

Key word

precedent = an action that serves as an example in the future. In legal matters, a precedent can define what is considered in the normal bounds of law or not.

WARM-UP QUESTIONS

  1. Who is Hunter Biden, and what crimes was he accused of committing?
  2. How does the pardon that President Biden issued protect his son from crimes that have not been charged in court?
  3. When (what time period) does the blanket pardon apply to?
  4. What has been Biden's reasoning for pardoning his son after promising he wouldn't do so?
  5. Why do some experts say the pardon changes the precedent for presidential pardons? What is unusual about it?

FOCUS QUESTIONS

  • Why do you think the presidential pardon power exists?
  • Do you think limits should be placed on the pardon power to avoid abuse? If so, what limitations would be effective?

Media literacy: Do you know how you could find out more about the history of the pardon power? How about other controversial cases of pardons? (If you'd like to learn more about the history of presidential pardons, you can use this resource.)

Alternative: See, Think, Wonder: What did you notice? What did the story make you think? What would you want to learn more about?

FOR MORE

What students can do: Watch the following video and discuss —

  • Do you think Trump pardoning January 6 rioters would be an abuse of the pardon power? If so, why?
  • How can presidents use the pardon power to protect themselves from accusations or wrongdoing or criminal activity?
  • What law or regulation would best prevent abuse while maintaining the power to pardon?

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