President Joe Biden's broad pardon for his son, Hunter Biden, may have protected him from prison, but it could also lead to more serious legal issues for the Biden family. By granting this pardon, the President has opened the door for extensive questioning of Hunter in future investigations, including Congressional, civil, and criminal inquiries. Hunter can no longer assert his Fifth Amendment rights, which protect individuals from self-incrimination.
The pardon leaves Hunter vulnerable as a potential key witness since he is shielded from federal prosecution. This situation could be favorable for President-elect Donald Trump's future attorney general nominee, Pam Bondi, if she decides to pursue claims that the Biden family has profited from foreign influence over the years. One Republican-led House committee has reported that the Bidens and their business partners earned over $27 million from overseas dealings recently, yet no family member has registered as a foreign agent, which could invite scrutiny.
Prosecutions for not registering as a foreign agent have been rare, but that is changing. Recently, Senator Bob Menendez was convicted for failing to declare himself as a foreign agent for Egypt. Bondi could potentially start a grand jury investigation from the first day of her administration, focusing on a wealthy political family closely tied to power. Questions may arise regarding Joe Biden's knowledge of Hunter's foreign business dealings while he was Vice President and during their joint trips to various countries.
There may also be inquiries about Hunter's references in emails regarding financial arrangements with his father, Joe Biden. A key point of interest is the identity of the “Big Guy” referenced in documents related to Oneida Holdings, a now-defunct firm associated with Hunter and his business partner, Tony Bobulinski. Bobulinski has claimed that the “Big Guy” was Joe Biden, who allegedly sought a share of the company profits.
While the pardon protects Hunter from federal charges, it does not shield him from civil lawsuits or potential fraud allegations. Since Hunter can no longer claim Fifth Amendment protections, he may face intense questioning about Joe Biden's involvement with Hunter's business relations and other related matters.
There is also speculation on whether incoming Trump Administration officials might pursue legal action similar to the investigations led by New York Attorney General Letitia James against Trump for business-related issues. Although Trump has expressed sympathy for Hunter Biden, leniency is not guaranteed.
If Hunter is called to testify against family members, it will create complex legal challenges. He has a few options, none of which are particularly appealing. His lawyers might argue that he still holds Fifth Amendment protections against state charges, but this may be a weak argument due to expired statutes of limitations on tax and gun charges.
Hunter could choose to defy a subpoena, but that is not advisable, as illustrated by former Trump aide Steve Bannon's sentence for refusing to testify to Congress. Another option would be for Hunter to testify and potentially lie, which poses significant risks as seen in the case of Michael Cohen, who faced prison time for perjury.
Lastly, Hunter could simply tell the truth, but the repercussions of that choice remain uncertain. The post-presidency situation for the Biden family is precarious. This complicated situation could have been avoided if President Biden had waited to commute Hunter's sentence after his tax offenses were addressed. A commuted sentence would allow Hunter to retain his Fifth Amendment rights.
In conclusion, while Hunter Biden may have temporarily escaped prosecution due to the pardon, his legal troubles and those of his family may continue to evolve in the coming years.
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