President Joe Biden (left) with his son, Hunter Biden (right), whom he pardoned in December (Photo Credit: AP under a CC BY 4.0 license).
The United States of America prides itself on being the land of second chances, where historical records point to the races of people who came here to build new lives.
But that grace is rarely, if ever, extended to the millions of formerly incarcerated persons who paid their debts. Many suffer the economic, mental and spiritual effects long after their release, where access to jobs, housing and the hope that comes with being fully integrated into society remains out of reach.
The Problem
Over 78 million Americans—1 in 3 adults—have criminal records that block them from higher-paying jobs, especially those that require professional certification. The consequences of incarceration are more profound for Black Americans, where opportunities for employment and stable housing remain virtually impossible, restricting them to a cycle of shame and lack.
For generations, the barriers these persons faced have impacted their families and communities. Their status as felons can also set them on a path to poverty and hopelessness.
Indeed, the bars and handcuffs may no longer be present and visible, but the psychic and spiritual effects of those restraints remain, even for those who committed nonviolent offenses.
However, there exists a legal tool that, when wielded by the President for federal offenses, can restore the lives of the formerly incarcerated, endowing them with a new life and possibility.
It is a measure that is rarely implemented. Additionally, there is a fundamental separation between its intended use and how it is applied in the real world.
The Broken Pardon System
Ex parte Garland is the Supreme Court case from 1866 that ultimately endowed the President of the United States with broad pardon powers, where they can issue one before, during or even after a conviction.
As this ruling outlined, this power allows the President to restore a person’s civil rights completely; “it makes him, as it were, a new man.”
The foundation of this power is rooted in the Christian ethos of forgiveness: As God in heaven forgives us for our sins and restores us with new life, so can the President do so for people with criminal records here on earth.
But even when clemency is granted for a federal offense, the U.S. Department of Justice’s definition of a pardon is applied, which usually takes the form of limited clemency where a crime from the past can’t be expunged. Someone applying for a pardon must undergo a prolonged waiting period where they face an uncertain outcome. Approval isn’t a guarantee and the process can be expensive if you’re securing legal assistance.
“Let me tell you about the barriers people face—the five-year waiting period, the lack of transparency in the review process, and the financial burden of hiring legal representation, which can cost upwards of $250,000 with no guarantee of success. How is that justice?” asked Jesse Jackson, Jr., where multiple parties, including this publication, have endorsed him for a pardon from President Biden.
Receiving a pardon is rare, but the kind that the Constitution intended is usually reserved for people with status, wealth and/or a familial connection to the Office of the President, as we’ve seen with Biden and his son Hunter.
A Tale of Two Pardons
Jesse Jackson, Jr. (Photo Provided).
President Biden’s recent pardon of Hunter has again reignited an enduring debate about fairness in the justice system.
Critics from both sides of the political aisle have argued that what Biden did highlights the inequality inherent in the U.S. Justice System: True and redemptive justice is based on who you are rather than what you did, even in paying back your debt.
While Hunter Biden received a full pardon as mandated by Ex parte Garland, millions of Americans—less privileged and equally deserving—continue to wait for redemption.
Jesse Jackson Jr., the former U.S. Congressman from Illinois, is one of those individuals. Convicted in 2013 for campaign finance violations, Jackson served his sentence and repaid his debts.
Yet, being the son of Rev. Jesse Jackson Jr. and serving in office has not been enough for him to secure a pardon as of this writing.
Plus, with President-elect Donald Trump soon to take office and the hostile rhetoric he has shown toward anyone attached to the Democratic Party, a full pardon from him seems unlikely.
His case further reveals the inequities in a system where forgiveness often hinges on access to resources rather than merit.
It’s also likely that rioters connected with the Jan. 6 insurrection could be granted pardons, full or conditional, before Jackson and millions of others.
The Human Toll
Formerly incarcerated individuals face many challenges upon returning home. Some effects include profound mental health struggles, which include depression, anxiety and post-incarceration syndrome. The trauma of imprisonment—marked by isolation, exposure to violence, and loss of purpose— can inflict lasting scars.
The economic hardships that come with felonization further compound these struggles.
A 2018 Illinois Criminal Justice Information Authority study found that nearly half of those released from state prisons were unemployed—those who did find work earned wages below the poverty line, making economic stability virtually impossible.
Additionally, there are the psychic scars where the stigma of incarceration affects the self and identity. Jackson Jr. elucidated it this way: that many remain burdened by the “shame, blame, and guilt” of imprisonment no matter what they have done to improve their lives.
A Call to Action
With so many individuals deserving that second chance, President Biden has a unique opportunity to reshape the narrative of his presidency with the time he has left.
He could grant full pardons to individuals who committed nonviolent crimes but paid their debts to society, acting by the constitutional intent of the pardon while affirming the nation’s commitment to granting second chances.
By extending this grace, Biden can show that justice is not only reserved for the privileged few but is a right for all who are deserving.
Conclusion
Hunter Biden hugging Jill Biden and Joe Biden (Photo Credit: Wikimedia Commons).
Time is running out for the President to act as his tenure is officially up on Jan. 20 at 11:59 p.m.
With one decisive stroke, he could offer “new life” and hope to millions.
In this eleventh hour, that hope is faint. Still, President Biden can extend the same grace to Jesse Jackson Jr. and countless others as he has done to his son.
On earth as it is in heaven.
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