Legal expert Mike Davis, affiliated with the conservative legal organization known as the Article 3 Project, has expressed concerns regarding President Joe Biden’s extensive pardon of his son, Hunter Biden, for all federal offenses committed over the past ten years. This action may potentially expose both the President and his son to additional legal complications in relation to future cases.
Davis emphasized that, following the pardon, Hunter is now obligated to testify on any matters pertinent to the crimes for which he was pardoned, particularly regarding the alleged influence peddling activities abroad. Notably, the broad scope of the pardon eliminates Hunter’s ability to invoke the Fifth Amendment, which protects witnesses from self-incrimination. Since he has received a pardon, any statements he makes cannot be used against him.
It is important to note that President Biden’s pardon of Hunter explicitly states, “To All to Whom These Presents Shall Come, Greeting: Be It Known, That This Day, I, Joseph R. Biden, Jr., President of the United States, Pursuant to My Powers Under Article II, Section 2, Clause 1, of the Constitution, Have Granted Unto ROBERT HUNTER BIDEN A Full and Unconditional Pardon.”
The pardon further clarifies that it applies “For those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024, including but not limited to all offenses charged or prosecuted (including any that have resulted in convictions) by Special Counsel David C. Weiss in Docket No. 1:23-cr-00061-MN in the United States District Court for the District of Delaware and Docket No. 2:23-CR-00599-MCS-1 in the United States District Court for the Central District of California.”
Davis highlighted on X (formerly Twitter) that the pardon could alleviate Hunter’s immediate legal troubles but might lead to significant complications for the Biden family in the future. Specifically, it would prevent Hunter from invoking the Fifth Amendment when questioned about the crimes for which he received a pardon.
Elaborating on this potential issue, Davis stated, “If Biden pardons someone—such as Hunter or Jack Smith—they lose the ability to invoke the Fifth Amendment’s protection against self-incrimination when called to testify before Congress or grand juries. Should those pardoned refuse to testify, they could face new charges for criminal contempt.”
Davis’s perspective is shared by others. Kevin Adams, a criminal defense attorney, expressed to Newsweek that Davis’s assessment regarding Hunter’s inability to plead the Fifth is likely accurate. “The benefit of Joe Biden’s pardon is that Hunter Biden forfeits his right to assert the Fifth Amendment against self-incrimination, and contempt of Congress is also a prosecutable offense,” Adams remarked.
For context, the pertinent section of the Fifth Amendment states, “No person . . . shall be compelled in any criminal case to be a witness against himself.” Since Hunter has been pardoned for all applicable offenses, he cannot incriminate himself, as no charges can be filed, and therefore, he cannot invoke the Fifth Amendment.
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