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Jared Polis Criticizes Biden for Pardoning His Son: "No One Is Above the Law"

It's the second time in three weeks that the governor has bucked his party. Responses from Colorado Democrats have been mixed.
Image: Jared Polis and Joe Biden
Governor Jared Polis said President Joe Biden "will sadly tarnish his reputation" by pardoning his son. Bennito L. Kelty/Barndon Marshall
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Colorado Governor Jared Polis is leading the social media charge against President Joe Biden after Biden pardoned his son, Hunter, from federal felony gun and tax convictions.

"I am disappointed that he put his family ahead of the country," Polis wrote on his personal X account on Sunday, December 1. "This is a bad precedent that could be abused by later Presidents and will sadly tarnish his reputation. ...Hunter brought the legal trouble he faced on himself, and one can sympathize with his struggles while also acknowledging that no one is above the law, not a President and not a President’s son."

Polis isn't the only Democrat to call out the outgoing president for the pardon, but he's been credited as the first from his party to do so. This is the second time in recent weeks that the governor has aligned himself with the other side of the aisle...to the chagrin of some of his fellow Democrats.

Last month, Polis inspired ire from his party members for celebrating President-elect Donald Trump's choice of Robert F. Kennedy Jr. to lead the U.S. Department of Health and Human Services — less than three months after Polis openly criticized Kennedy and said he would bring back measles and polio.

The switch-up caused a wave of backlash from Colorado Democrats accusing Polis of pandering to the right after Republicans won big during the general election. Similar criticisms arose following his rebuke of Biden.

"You don’t have the moral high ground here, pandering wealthy jerk," Democratic State Representative David Ortiz wrote on X. Addressing Polis's claim that he understands Biden's "natural desire to help his son," Ortiz said, "You don’t understand as a father because NONE of your kids got Glioblastoma because of their military service and died. You didn’t lose your spouse and young daughter in a car crash with only two surviving sons."

Deep Singh Badhesha, a captain of the Denver Democratic Party, called Polis's post "Ayn Rand level cringe" and suggested that Polis made the statement in response to a call from pollster Nate Silver to not support Democrats who don't condemn the pardon.
Many critics pointed out that Polis did not publicly condemn Trump for his problematic past pardons, such as the one he granted to Charles Kushner, the father of Trump’s son-in-law whom Trump just announced he intends to nominate as ambassador to France. But other Colorado Democrats came to the governor's defense.

"This can’t be a partisan issue. It has to be an American one," Democratic State Senator Nick Hinrichsen wrote on X. "This is a sad day for American democracy and the justice system. Nobody should be above the law. Not Trump’s family and cronies. Not Biden’s son."

"Both Trump and Biden have pardoned their own family members," added Democratic State Representative Junie Joseph. "Those in power have historically made and bent the rules to serve their own interests, leaving marginalized groups to bear the consequences. We must break this cycle and build systems that reflect fairness and equity for everyone, not just the powerful. ...Thank you, Governor Polis, for standing with Democrats when it’s right and calling out when things are wrong."

Biden's decision to let his son off came after the president previously pledged that he would not pardon Hunter or commute his sentence. Hunter was weeks away from receiving his punishment, including a possible prison sentence, for federal felony gun and tax convictions.

Hunter was convicted of three felonies for lying on a federal form while purchasing a gun in 2018 by claiming he was not illegally using or addicted to drugs. He also pleaded guilty in a separate case accusing him of failing to pay at least $1.4 million in taxes. Biden's pardon covers these and any other offenses committed from 2014 through 2024.

In announcing the pardon on Sunday, Biden said his son was "treated differently" and targeted by Biden's political opponents, which inspired his decision.

"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 said in a statement. "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. ... I hope Americans will understand why a father and a President would come to this decision."

While most Colorado politicos have remained silent on the issue, some of the state's top Democrats followed Polis's lead in denouncing Biden.

"President Biden’s decision put personal interest ahead of duty and further erodes Americans’ faith that the justice system is fair and equal for all," Democratic U.S. Senator Michael Bennet wrote on X.

"Agree with [Bennet]," Democratic Attorney General Phil Weiser responded. "The power to pardon should be used according to principles that promote fairness, justice, and trust in our system of government."