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While Biden sought to defend his son, critics argue the pardon could backfire by exposing him to new legal and political scrutiny. Mike Davis, a legal expert with the conservative Article 3 Project, points out that Hunter Biden, now shielded from prosecution for past crimes, can no longer invoke his Fifth Amendment rights to avoid self-incrimination. This means Hunter may be compelled to testify in Congressional hearings or investigations targeting the Biden family’s business dealings.
“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,” Davis stated on X (formerly Twitter). “If those pardoned refuse to testify, they can face new charges for criminal contempt.”
Kevin Adams, a criminal defense attorney, echoed this view in an interview with Newsweek. “The upside to Joe Biden’s pardon is that Hunter Biden no longer enjoys the right to assert his Fifth Amendment Right against self-incrimination, and contempt of Congress is also a crime,” Adams explained.
This legal dynamic creates a unique situation for House Republicans, who have been investigating alleged corrupt dealings involving the Biden family. Hunter’s pardon could force him to answer questions under oath about his work with Burisma, Chinese business interests, and Russian oligarchs — dealings that critics claim implicate the president in influence-peddling schemes.
However, compelling a pardoned witness to testify is uncharted territory in presidential investigations. According to the Western Journal, the principle has never been tested at this level. The uncertainty surrounding how such a strategy would play out only adds to the political drama as the GOP inches closer to controlling Congress.
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President-elect Donald Trump has added fuel to the fire by pressuring House Speaker Mike Johnson to pursue investigations into the Biden family. Behind closed doors, Trump reportedly expressed frustration over the slow pace of the GOP’s actions, calling for more aggressive efforts to “deliver wins” for his agenda.
As Republicans prepare to take the reins of government, they face mounting pressure from their base to investigate what some have labeled the “Biden Crime Family.” Whether or not they succeed in forcing Hunter Biden to testify — and what he might reveal — remains to be seen. What is certain is that the political fallout from this pardon is far from over.
