Constitutional law expert Alan Dershowitz said Monday on Newsmax that President Joe Biden's "mistake was not in pardoning his son" Hunter Biden, even though he vowed at least 10 times not to do so.
"Everybody acknowledges you pardon your son if you have a chance to do it," Dershowitz said on "American Agenda." "It's in saying he wouldn't pardon his son while an election was going on. He wouldn't have pardoned his son, by the way, had Kamala Harris won the election; he would have waited for her to pardon his son. So, it was the combination of the election being over and Trump winning that gave him no recourse but to pardon his son.
"But now he's going to have to spend the next few weeks going through other pardon applications. It can't be just a one-off. He has to now look at every other case in which people have been prosecuted, not because, necessarily, of what they've done, but who they are."
Dershowitz said that the Bible explicitly "prohibits judges from recognizing faces" and said that "that's what's become of our criminal justice system."
"Everybody is peeking beneath the blindfold of justice and looking at who the person is and going after people based on their political affiliations," he said. "That has to come to an end. So, it's not enough that we see a few pardons — there has to be a structural change in the law."
In announcing his pardon of Hunter Biden, Joe Biden "acknowledged … that there was lawfare" Dershowitz said, "but he didn't object to it until it went after his own son."
"Now, I hope he will pardon some of the people say, for example, the nonviolent Jan. 6 people or others who would never have been prosecuted," he said. "I wish he could pardon [President-elect] Donald Trump, but he can't because Trump's being prosecuted by two states, New York and Georgia, and the pardon power doesn't extend there. But he's recognized that lawfare has corrupted our criminal justice system. It took his own son being prosecuted and convicted to make him recognize it."
Dershowitz, a Harvard emeritus professor, added that he would "like to see a change in the law now," for the "law to recognize the defense of selective prosecution based on politics and other considerations, because there have been so many cases like this, and there are so many people who deserve to be pardoned or have their sentences commuted, including several of the Trump supporters who have gone to jail for things that nobody would ever go to jail for if it hadn't been political."
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