President Joe Biden’s sweeping pardon of his son, Hunter Biden, set off a wave of new legal speculation Tuesday about how, and if, the younger Biden can take action to assert his Fifth Amendment privileges that protect against self-incrimination – and how the broad immunity granted to Hunter could be twisted against him.
While Hunter Biden is indeed protected from prosecution for any federal offenses he “committed or may have committed” between January 1, 2014 and December 1, 2024, that doesn’t include those around him — meaning Hunter Biden could theoretically be called to testify in any and all cases against him. relatives or others in his inner circle.
Hunter Biden, son of US President Joe Biden, leaves a House Oversight Committee meeting on Capitol Hill. (Kent Nishimura/Getty Images)
In these cases, Hunter Biden’s pardon could actually limit his ability to sue Fifth Amendment Privilegesas he is no longer at risk of criminal prosecution.
However, the pardon only applies to federal crimes, not state crimes, and it remains unclear how or if Republicans could take action in the coming weeks and months to resolve this potential loophole.
Still, the issue of Fifth Amendment protection is of paramount importance as Republicans prepare to regain majorities in both chambers of Congress in January, raising the possibility of potential Republican Party-led investigations into the outgoing president enlarged.
In an interview Monday night on NewsmaxHouse Oversight Committee Chairman James Comer said he plans to discuss the issue of Hunter Biden’s Fifth Amendment privileges with Trump’s nominee for attorney general, Pam Bondi.
“I look forward to talking to Attorney General Bondi about this,” the Kentucky Republican said.
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Then-Vice President Joe Biden stands with his son Hunter Biden during a reenactment of the Senate swearing-in ceremony in the Old Senate Chamber on Capitol Hill. (AP Photo/Charles Dharapak, file)
“We still have information that we requested but never received,” Comer said, adding that he believes the White House is “still to this day lawfully withholding evidence that we should have obtained.”
Any investigation into Biden’s family after he leaves office would likely be criticized by Democrats as both futile and a waste of taxpayer dollars, given the nature of previous investigations, Hunter’s own pardon and Biden’s own lame-duck status.
Comer’s office did not respond to a question from Fox News Digital about whether the House Oversight Committee plans to investigate Biden’s action during the next congressional session, or their thoughts on Hunter’s ability to advocate for the Fifth.
But questions about this potential loophole come just days after President Joe Biden announced the sweeping pardon for his only surviving son.
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Earlier Tuesday, the federal judge overseeing Hunter Biden’s gun case in Delaware announced the end of further legal proceedings, including a scheduled sentencing date in December. Earlier this year, a Delaware jury found Hunter guilty of all three federal firearms charges filed against him.
In concluding the proceedings, U.S. District Judge Maryellen Noreika stopped short of dismissing the case outright, as requested by Hunter Biden’s legal team.
In September, Hunter Biden pleaded guilty to separate federal tax evasion charges in California, which includes the pardon.
The judge in that case, Judge Mark Scarsi, has not yet announced whether he will end proceedings against Hunter or dismiss the case entirely.
