The Atlantic

Not Illegal, but Clearly Wrong

The biggest problem with Hunter Biden’s access-peddling business may have been that his father, the president, thought it was fine.
Source: Kenny Holston / The New York Times / Redux

Attorney General Merrick Garland’s decision to convert the federal prosecutor investigating Hunter Biden into a special counsel ensures that Democrats will be fielding uncomfortable questions throughout the 2024 presidential campaign. They would do well to think before they speak. Asked one such question in a television interview in May, President Joe Biden insisted, “My son’s done nothing wrong.”

But is that true?

It now seems quite likely that Hunter Biden has violated one or more U.S. laws. And that’s not all the wrong he has done. There is a difference between what is technically illegal and what is wrong.

Some context may help explain the chasm that has opened up between the two—the gulf between what most ordinary Americans understand as corruption and the mincing definition that reigns in the professional spheres of politics, the law, and big business.

Since 1987, and most recently in , a series of Supreme Court cases has relentlessly narrowed the legal definition of corruption. This is the body whose cavalier attitude. The Court has whittled down what was once our right to the “honest services” of our public servants to a rule outlawing only the trade of “official acts” performed as part of government duties for money or material gifts. Then the Court chipped away at what counts as an “official act.” Pressuring subordinates or hosting an official lunch? on the busiest bridge in the United States to pursue a political vendetta? In after , each of these was disqualified.

You’re reading a preview, subscribe to read more.

More from The Atlantic

The Atlantic5 min read
The Strangest Job in the World
This is an edition of the Books Briefing, our editors’ weekly guide to the best in books. Sign up for it here. The role of first lady couldn’t be stranger. You attain the position almost by accident, simply by virtue of being married to the president
The Atlantic8 min readAmerican Government
The Return of the John Birch Society
Michael Smart chuckled as he thought back to their banishment. Truthfully he couldn’t say for sure what the problem had been, why it was that in 2012, the John Birch Society—the far-right organization historically steeped in conspiracism and oppositi
The Atlantic3 min readDiscrimination & Race Relations
The Legacy of Charles V. Hamilton and Black Power
This is an edition of Time-Travel Thursdays, a journey through The Atlantic’s archives to contextualize the present and surface delightful treasures. Sign up here. This week, The New York Times published news of the death of Charles V. Hamilton, the

Related Books & Audiobooks