President Joe Biden’s sweeping pardon of his son, Hunter Biden, has sparked a flurry of legal speculation over how or if the younger Biden can assert his Fifth Amendment privileges that protect against self-incrimination. The pardon shields Hunter Biden against prosecution for any federal offenses he “committed or may have committed” between 2014 and 2024, but it remains unclear how this could impact his ability to assert his Fifth Amendment rights.
Hunter Biden is not immune to prosecution for state crimes, and it is unclear how Republicans could move to act on this potential loophole in the coming weeks and months. The issue has significant implications as Republicans are set to regain the majority in both chambers of Congress in January and prepare to investigate the outgoing president.
House Oversight Committee Chairman James Comer plans to discuss the issue with Trump’s nominee for attorney general, Pam Bondi, and is concerned that the White House is still obstructing evidence. Any investigations into Biden’s family after he leaves office would likely be criticized by Democrats as futile and a waste of taxpayer money.
The questions about Hunter Biden’s ability to plead the Fifth come just days after President Biden announced the sweeping clemency grant for his son. A Delaware judge has terminated proceedings in Hunter Biden’s gun case, stopping short of dismissing the case outright. In a separate case, Hunter Biden pleaded guilty to federal charges of tax evasion in California, and the judge has not yet announced whether to terminate or dismiss the case.