Hunter Biden likely would not qualify for a pardon recommendation under typical Justice Department criteria, as he has not yet been sentenced or served time.
Presidents can grant clemency irrespective of the Pardon Attorney's recommendations, a practice notably expanded during Trump's tenure despite long-standing norms.
Before Trump, it was almost unheard-of to issue a full pardon during an ongoing case, highlighting a significant shift in clemency practices.
Biden faces pressure to prioritize clemency for vetted cases, with advocates urging for more focus on individuals serving disproportionately long federal sentences.
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