Dr. Adish C. Aggarwala, President of the International Council of Jurists, has formally addressed US President Joe Biden regarding some comments by him in his letter of pardon for his son Hunter Biden. Dr. Aggarwala expressed great concern over such perceptions by the President regarding “raw politics” seeping into the justice system of the US.
In his letter, Dr. Aggarwala acknowledges that the constitutional authority of the President allows him to pardon anyone, including Hunter Biden. However, Dr. Aggarwala was totally against the coming of President Biden’s statement, which gives an impression of unwarranted political interference in the judicial process without producing deserving evidence behind the event. “Although the presidential pardon is constitutionally sanctioned, it is important that the language used does not cast unwarranted doubt on the integrity of the process for the sake of dignity of the judicial system.” He stated that an incumbent President must exercise caution in making statements that could potentially undermine the authority and impartiality of the courts. The claim of “raw politics” having penetrated the justice system, he noted, has not found any documented facts or public debate to substantiate it.
Dr. Aggarwala went on to emphasize the need for independence of the judiciary above all else in the world’s context. As stated by him, the judicial institution is the loyal foundation of public trust; all oppositions arising in this regard will lead to an erosion of faith in its fairness and objectivity. It is here that the international community looks up to the US as a beacon of democratic values, and the sanctity of the judicial process is vital for both America and the world.
The learned counsel invited President Biden to withdraw all statements made in the pardon letter as a condition to uphold the dignity and conglobal reputation of justice systems everywhere, indeed, making the judiciary free from political rhetoric and political influences.
Dr. Aggarwala’s missive is a portentous reminder of the fine, delicate balance required to safeguard the integrity of justice institutions against the corrosive influence of poisonous politics. The International Council of Jurists urges immediate Presidential correction of this matter for the bigger interest of the justice system and public confidence in its impartiality.
Letter to POTUS
Hon’ble Mr. Joe Biden,
Hon’ble President of the United States of America,
Washington DC.
Dear Mr. President,
Congratulations on your successful completion of tenure which is drawing to a close in the next few weeks.
However, I, being the President of the International Council of Jurists, take exception to your reference to the entry of ‘raw politics in justice system’ in your pardon letter for your own son Mr. Hunter Biden.
Sir, the Constitution of the United States of America, just as any other modern democracy, does bestow certain degree of inherent sovereign power and jurisdiction on its President to pardon. Be it a turkey or Mr. Hunter, everyone deserves and has the right to enjoy the benefits of this power.
While much of your letter talks about how your Congress rivals orchestrated something and made Mr. Hunter, a target and how his case was handled differently than others, what strikes Bar leaders like me, is the poor reference to justice system of your own country.
First of all, an incumbent President shall not say or do anything that would undermine the dignity and authority of courts and justice delivery system.
Secondly, a casual remark that ‘raw politics’ has entered the justice system has been made without any evidence or without any such debate or opinion expressed in public in the past.
Sir, while appreciating the political context under which your good self has taken this decision to offer Presidential Pardon to your son, it is our duty to remind you to discharge your constitutional duties without stepping on the toes of the hallowed constitutional entity like courts and justice system.
While politicians, political issues, and solutions, come and go, justice delivery system is the bedrock of people’s faith in courts. The system is there forever and for all. It should not be harmed.
I, therefore, humbly request your goodself to withdraw the imputation made in your Pardon Letter against the justice system of your own country. It will do a world of good to the image and dignity of justice delivery system all over the world.
Thank you,
Yours sincerely,
(Dr. Adish C Aggarwala)
President
International Council of Jurists