Hunter Biden’s ability to invoke the Fifth Amendment in future congressional hearings could be eliminated following his acceptance of a presidential pardon from his father. Legal experts say the pardon, which covers all federal crimes committed between 2014 and 2024, removes the possibility of self-incrimination for those offenses.

Two former House general counsels confirmed this interpretation. Thomas G. Hungar, who served as House general counsel from 2016 to 2019, explained, “Assuming Hunter Biden accepts the pardon, he won’t be able to invoke the Fifth Amendment privilege against self-incrimination as to any potential federal crimes for which he’s been pardoned.” Another former counsel, speaking anonymously, described the argument as legally strong.

This development could provide an opportunity for House Republicans to subpoena Hunter Biden for testimony regarding his business dealings, including those in Ukraine and China, which have been tied to his father’s political career. The House Oversight Committee, chaired by Rep. James Comer (R-KY), is already examining the legal implications of the pardon. Comer indicated he would seek advice from President-elect Donald Trump’s Attorney General nominee, Pam Bondi, on how to proceed.

“I look forward to talking to Attorney General Bondi about this,” Comer said during a Newsmax interview, criticizing the Biden administration for obstructing access to evidence.

Hunter Biden has faced scrutiny over his foreign business ventures and lobbying work, which often coincided with his father’s vice-presidential tenure. In 2023, after initially refusing to testify publicly, Hunter Biden agreed to a private deposition before the Oversight Committee.

President Joe Biden’s decision to pardon his son marks a reversal of earlier promises to avoid intervening in Hunter’s legal troubles. The younger Biden had pleaded guilty to tax crimes and was convicted on gun charges, facing potential prison time.

Republicans argue that the pardon, while shielding Hunter Biden from federal prosecution, could now open the door to greater transparency about his dealings and the Biden family’s involvement in international business ventures.