Hunter Biden Pardon Raises Questions About Fifth Amendment Rights
Hunter Biden’s recent presidential pardon could strip him of Fifth Amendment protections in future congressional testimony. Legal experts believe this may provide an opportunity for Republicans to compel him to answer questions about his business dealings.
The pardon, issued by President Joe Biden, shields Hunter from prosecution for federal crimes committed between 2014 and 2024. Thomas G. Hungar, a former House general counsel, explained, “Assuming Hunter Biden accepts the pardon, he won’t be able to invoke the Fifth Amendment privilege against self-incrimination as to any potential federal crimes for which he’s been pardoned.” Another former House counsel, speaking anonymously, described the legal reasoning as sound.
House Republicans are examining how this development could impact their investigations. Oversight Committee chairman Rep. James Comer (R-KY) plans to consult with President-elect Donald Trump’s Attorney General nominee, Pam Bondi, on the matter. Comer said the White House has obstructed Republican efforts to obtain critical evidence.
Hunter Biden previously avoided testifying publicly before Congress in 2023, agreeing instead to a closed-door deposition. With the pardon now removing the risk of self-incrimination for past crimes, Republicans could push for a more transparent hearing.
The pardon marked a significant reversal for President Biden, who had repeatedly stated he would not intervene in his son’s legal troubles. Hunter Biden was facing prison time for tax offenses and a felony gun conviction.
Republicans argue that this pardon, while shielding Hunter Biden legally, might finally allow Congress to uncover the extent of the Biden family’s involvement in lucrative foreign ventures.
