In an acclaimed cinematic piece ‘Gladiator II,’ a duo of Roman emperors sporadically employ a simple hand gesture, either approval or disapproval, to begrudgingly spare or pitilessly condemn a gladiator in the iconic Coliseum. These spectacles of blood and glory, amidst the backdrop of societal turmoil, empowered a single ruler with the god-like ability to doom or redeem a mere mortal, entirely free from the castigation or commendation of the baying audience, irrespective of justice or fairness. A surprisingly similar leverage exists in the United States, where a single individual – the President – holds the keys of liberation from legal convictions through the mighty pardon. When Joe Biden, the sitting President, invoked this power to grant his son, Hunter Biden, a ‘complete and unconditional’ escape from his criminal convictions related to firearm and tax offenses, he not only favored nepotism but made a mockery of vital tenets of justice and fairness.
More concerning, however, Biden sought to justify this pardon by scapegoating Hunter’s high-profile status as an unjust target, effectively lobbing a cynical jibe at the very foundation of our revered independent judiciary. The US judiciary is designed to be an impartial institution that holds American citizens accountable for their wrongdoings, unswayed by their social standing, lineage, or affluence. Defending Biden’s questionable pardon, his followers peddle the empathetic narrative that any loving father would have done the same or argue that Trump’s call for retaliation justified the absolution. But such excuses gradually corrode the public’s faith in our justice system, suggesting that if one is fortunate enough to have influential parents or patrons, they can evade the consequences of their actions.
The constant undermining of prosecutors is a sadly familiar issue but has gained notable momentum in recent decades. In the 1990s, allies of former President Bill Clinton accused Independent Counsel Ken Starr, infamous for narrating Clinton’s infamous tryst with Monica Lewinsky, of being overly enthusiastic in his pursuits. In more recent times, New Jersey’s former Democratic U.S. Senator Bob Menendez cried foul, alleging prosecutors were racially discriminatory for charging him with conspiracy to commit bribery. Insinuations of softness on crime have led to the critical review and attempted curb of district attorneys general’s powers by state lawmakers in Tennessee.
Then there is the case of Donald Trump, known for his relentless rebukes of the U.S. Department of Justice and his clashes with the FBI and prosecutors at federal and state levels in New York and Georgia. Trump even endured a conviction on 34 felony charges relating to a cover-up trial—a testament to voters’ leniency that led to his return to the Oval Office post-conviction. Other cases accusing him of the wrongful possession of classified material and incitement of the January 6, 2021, attack on the U.S. Capitol fell apart.
In an interesting twist, the prosecutor leading the Georgia election interference inquiry’s romantic entanglement with one of her lawyers resulted in a potential indefinite trial postponement. Some may argue that the justice system was snubbed by a majority of the voters when they disregarded the proposition from Democratic nominee Vice President Kamala Harris. She presented the election as a contest between herself, a prosecutor, and convicted criminal Trump. Unfortunately, Biden’s pardon only serves to make a mockery of Harris’s so-called heroic prosecutor image.
Biden’s actions may have been influenced by familial affection, not wanting to witness his son face the repercussions of his actions, but in doing so, he trampled on the sanctity of the justice system. He undermined the very system he swore to uphold, leaving Americans wiser but perhaps more cynical. An independent judiciary, along with robust checks and balances, forms the backbone of a thriving democratic republic. Law and order are paramount to maintaining a safe and stable society, while the American system is, theoretically, engineered to offer equal justice to all.
The belief and commitment of the American people and our leaders towards this system are essential, as without it, we risk veering down a treacherous trajectory. A turn towards a more impartial and just path is required so that the powerful can’t wave a nepotistic hand to disrupt the delicate balance of justice.