The Rule of Law- one for them and one for us

In the latest political drama to come out of the US Biden has pardoned his son Hunter for offences relating to drug and firearm use, after publicly promising he would not do so. Social commentators have been rapid in their response- one of Biden’s X posts from earlier this year claiming that “no one is above the law” has already been “community noted” for inaccuracy. You can almost hear his fellow Democrats groaning from here, not because they support the principle of one law for all, but because it gives Trump a free pass to pardon the Capitol insurrectionists.

In fairness, constitutional corruption is no better on this side of the pond, where unfettered Prime Ministerial patronage permits our leaders to appoint as many members to the second chamber as they wish, virtually without restriction. Truss managed 32, one for every 36 hours of her tenure. While American Presidents ride roughshod over the application of law, British Prime Ministers casually create new life-long lawmakers from a pool of their friends.

For Libertarians, the nature of the laws broken by Hunter Biden pose some interesting questions: Hunter Biden’s charges related to tax-evasion and drugs and firearms use. There is an argument that the recreational use of drugs and firearms on private property is no business of The State- some of us couldn’t care less if someone wants to powder their nose and engage in some target practice. (Provided of course that the noisier of these two pastimes takes place at a reasonable hour and our taxes are not used to fund treatment for any ill-effects incurred from either activity.)

However, one might be forgiven for doubting the role of Libertarian philosophy in Biden’s decision making here. A pardon is of course only acceptable if it extends to all. According to the President, his son has been “selectively, and unfairly, prosecuted.” Such tosh-logic stands only if other guilty parties have been escaping prosecution for the same offence, which, unsurprisingly - they haven’t.

Biden has also said “I hope Americans will understand why a father and a President would come to this decision.” For the former of the two roles, perhaps some empathy is warranted. For the second- none. By their very nature, laws restrict the freedom of the individual. Regardless of the content of laws themselves, for a law to have any justification it should be a given that its application is universal. Hunter Biden's pardon is a case of wanton corruption, plain and simple.