Alan Dershowitz, professor emeritus at Harvard Law School and constitutional law expert, told Newsmax on Tuesday that President Joe Biden made a mistake by pardoning his son, Hunter Biden.
The president on Sunday pardoned his son of a possible prison sentence for federal felony gun and tax convictions, reversing his promises not to use the extraordinary powers of the presidency to benefit his family members.
Dershowitz said on "National Report" that Biden should have commuted the sentence rather than issue a full pardon, because now Hunter Biden can be called to testify before Congress and won't be able to invoke his 5th Amendment right against self-incrimination.
"Hunter Biden can now be called by Republican controlled committees in Congress by grand juries to testify against his uncle, possibly even his father," Dershowitz said. "Had he gotten a commutation, he'd still have the 5th Amendment. It may turn out to backfire against Hunter Biden himself, who will have a career now as a star witness if the Trump administration decides to call him, and if congressional committees decide to call him."
Dershowitz said Biden should also have commuted the sentences of some of the people convicted for their involvement in unrest at the U.S. Capitol on Jan. 6, 2021.
"This is not going to help his reputation historically, and it's going to give President Trump the ability also to pardon people who he believes were subject to selective prosecution," Dershowitz said. "Not that he needs constitutionally any reason to do, but it will give him a political opening to do that."
Dershowitz said he wasn't surprised Biden pardoned his son, but thinks he made a mistake in adamantly insisting he wouldn't.
"I've known him for a long time and he's a very decent person. And when it comes to his own family, he puts them first," Dershowitz said. "I think he would have preferred to see President Kamala Harris do the pardon, and if she had won the election, he wouldn't have pardoned them. He would have waited for her to do it. That would have been a much easier for him to do."
If called to testify before Congress, Hunter Biden would still be subject to perjury prosecutions, without the benefit of his 5th Amendment rights, Dershowitz said.
Hunter Biden also could face civil liabilities, which would not be covered by his pardon, Dershowitz said.
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