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https://www.newsweek.com/president-joe-biden-biden-pardon-tax-gun-case-congress-fifth-amendment-1994001

Hunter Biden Faces Potential 5th Amendment Headache After Pardon

Published Dec 02, 2024 at 7:26 AM EST

Updated Dec 02, 2024 at 3:39 PM EST

By Sean O'Driscoll

Senior Crime and Courts Reporter

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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.

In a statement to Newsweek, Steven Cheung, President-elect Donald Trump's communications director, said that "the failed witch hunts against President Trump have proved that the Democrat-controlled DOJ [Department of Justice] and other radical prosecutors are guilty of weaponizing the justice system."

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.

Adams wrote on X that Hunter can no longer refuse to answer questions before Congress.

That is because the Fifth Amendment of the U.S. Constitution protects people from having to answer questions before Congress if it could help a prosecution case against them or compel them to make self-incriminating statements.

With Hunter now free from all his criminal cases, he cannot use the Fifth Amendment to refuse to answer questions.

"The upside to Joe Biden's pardon is that Hunter Biden no longer enjoys the right to assert his 5th Amendment Right against self incrimination and contempt of Congress is also a crime," Adams wrote.

Biden could be prosecuted and even jailed for refusing to appear before Congress or for refusing to answer questions if he does appear before a Congressional panel.

Conservative author Jack Posobiec wrote on X: "Does this mean Hunter Biden just lost his 5th amendment right to refuse to testify on actions from 2014-2024? Asking for a friend."

Hunter was due for sentencing on December 12 regarding a gun case in Delaware, and on December 16 for his tax evasion case in California.

President Biden had repeatedly said that he would not pardon his son and that the justice system should take its course. However, in a statement on Sunday, the president said that his son was "selectively, and unfairly, prosecuted," and was treated differently from others who commit similar crimes.

Trump denounced the pardon on his social-media site, Truth Social, and linked it to the imprisonment of the January 6, 2021 Capitol rioters. The Republican has repeatedly said during campaign rallies that he would pardon the rioters when he is inaugurated.

"Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?" Trump wrote.