For every action, there is an equal and opposite reaction. Except in politics, of course, where many actions meet with little or no reaction at all. That may be the case in the current kerfuffle du jour, Joe Biden’s blanket pardon of his ne’er-do-well son Hunter. But there may be one thing Joe Biden (or whoever is pulling his strings) overlooked — the Fifth Amendment. Namely, for the time frame covered in the pardon, Hunter Biden can no longer assert his Fifth Amendment right against self-incrimination.
Hunter Biden would have to answer questions about his business interests if called before Congress, a criminal defense lawyer has said.
Kevin Adams said that President Joe Biden’s decision to pardon his son now clears the way for Congress to call Hunter as a witness. Newsweek sought email comment from Hunter Biden’s attorney on Monday.
Adams was reacting to the president’s announcement on Sunday that he had pardoned Hunter, who was awaiting sentencing on tax evasion and gun charges. It also pardons Hunter for any crimes he may have committed from January 1, 2014 through December 1, 2024—crucial years in prosecutors’ investigation into foreign lobbying and tax evasion.
From the wording here, it appears that even if evidence surfaced that Hunter was a serial killer in the specified time period, he could not be prosecuted because of the blanket pardon — which is within the power of the president. But the twist? He cannot assert his Fifth Amendment rights because he cannot self-incriminate.
It turns out that the pardon may be a two-edged sword.
See Related: Jonathan Turley Rips Biden’s Pardon of His Son to Shreds
Hunter Biden’s Pardon Most Sweeping Since Nixon, Comes Just 24 Hours After Kash Patel’s Nomination
WATCH: Scott Jennings Goes Nuclear After CNN Analyst Claims Biden Didn’t Lie About Pardoning His Son
One congressman is already leaning forward in this Fifth Amendment foxhole.
Ohio Congressman Jim Jordan strongly suggested on X, formerly Twitter, that Hunter may be called to give evidence as Republicans consider whether to impeach President Biden for his business interests with his son. “Democrats said there was nothing to our impeachment inquiry. If that’s the case, why did Joe Biden just issue Hunter Biden a pardon for the very things we were inquiring about?” Jordan wrote on Sunday.
The constitutional aspects of this seem pretty clear. Hunter Biden could be dragged before a congressional committee, grilled, and be compelled to answer questions about his father’s involvement in all of Hunter’s various nefarious activities; his notorious involvements, for instance, with various Ukrainian oil companies and Chinese investment firms. He can’t “plead the Fifth” because he can’t be charged with anything he did in the time involved.
That’s a Get Out of Jail Free card that can’t be beat.
I’ll offer a prediction: This won’t happen. Jim Jordan may want this to happen and he is right in demanding some answers in these matters, but it won’t happen. Joe Biden is leaving office in a few weeks. He’s over 80 and obviously impaired, mentally and physically. But what about Jim Biden? It’s virtually certain that Joe’s younger brother was involved in some of the various Biden family shenanigans (remember the notorious “loan repayments”?), and Joe Biden, or whoever is pulling his strings, may well decide to slam the door on any possible proceedings there as well.
With that said, I’ll offer another prediction: This won’t be the last family member Joe Biden pardons.
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