Joe Biden’s controversial pardon of his son Hunter may have unintended consequences that could ultimately lead to Biden facing legal jeopardy himself. In granting a sweeping clemency to Hunter earlier this month, Biden sought to shield his son from further prosecution for crimes ranging from gun charges to potential tax evasion. But legal experts suggest this move could backfire spectacularly, as Hunter’s pardon strips him of the ability to invoke the Fifth Amendment in testimony about the Biden family’s international business dealings.
The pardon, more expansive than the one Richard Nixon received post-Watergate, has raised eyebrows and accusations of political interference. Biden defended his decision, claiming Hunter was a victim of “raw politics” and arguing that his son’s legal troubles were politically motivated. He criticized the collapse of a plea deal earlier this year and pointed fingers at congressional Republicans for exerting “political pressure” on the Justice Department. But while Biden aimed to protect his son, the pardon now positions Hunter as a key witness who could be compelled to testify in investigations into the family’s dealings.
Legal analysts are clear: with his pardon in place, Hunter Biden can no longer refuse to answer questions about his business dealings under the protection of the Fifth Amendment. Conservative legal advocate Mike Davis highlighted the risks for the elder Biden, writing on X (formerly Twitter), “If Biden pardons someone—like, say, Hunter—they can no longer invoke the Fifth Amendment’s right against self-incrimination to avoid testifying before Congress or grand juries.” Should Hunter refuse to testify, he could face new charges for criminal contempt.
Criminal defense attorney Kevin Adams echoed this sentiment in Newsweek, emphasizing that the pardon removes a major legal shield for Hunter. If Republicans in Congress choose to continue investigating the Bidens, they could subpoena Hunter and compel him to disclose details about Burisma, Chinese investments, and Russian oligarch connections. These are precisely the types of transactions that have raised red flags about potential influence-peddling during Biden’s vice presidency and beyond.
However, this legal maneuvering is entering uncharted waters. No precedent exists for compelling testimony from a pardoned witness in a high-level presidential investigation. House Republicans, poised to gain greater control of the government under President-elect Trump, may soon face a critical decision: to press forward with a full investigation or focus on broader legislative priorities.
For Biden, what started as an act of familial loyalty could spiral into a legal and political nightmare—just as his presidency comes to a close.
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