Hunter Biden is still required to answer questions from Congress, despite his pardon, and his answers could destroy the legacy of his father, President Joe Biden, Newsmax senior judicial analyst Andrew Napolitano said Tuesday.
"Here's the downside for Joe, not for Hunter, for Joe," Napolitano told Newsmax's "Wake Up America." "When you are called to testify and you're asked about something that is arguably criminal, you can say, 'I respectfully decline to answer and assert my Fifth Amendment-protected right to remain silent.' When you've accepted a pardon, you have no Fifth Amendment right."
This means if Hunter Biden is called before a congressional committee and receives questions such as whether he wrote a check to his father and gave him "all of this money, which came from Burisma," the younger Biden would not be able to decline to answer based on the Fifth Amendment.
If Hunter Biden lies, he could be prosecuted for perjury, but if he tells the truth, "then his father's legacy is going to be destroyed," said Napolitano.
The pardon is unusual because of the length of time it covers, said Napolitano.
"Most pardons directly address a crime that has already been committed and in some cases for which the person has already been punished," he said. "Some, like President [Gerald] Ford's pardon of President [Richard] Nixon before Nixon was charged with anything [are] what we call broad form pardons that pardon the person for any crime they committed or may have committed."
Hunter Biden's pardon, though, covers anything from Jan. 1, 2014, to Dec. 2, 2024, which is a "little excessive," Napolitano said.
"The statute of limitations for federal crimes is five years," he said. "There are times when the statute is tolled, meaning when the clock is stopped if the defendant does things to hide his crime from the government, which very well may be the case here."
Still, Napolitano said he can't imagine that Joe Biden would be prosecuted for something that he did when he was vice president, given the statute of limitations.
The pardon can't be challenged, said Napolitano.
"Nothing will happen to him legally," he said, noting that Hunter Biden can answer no if he is asked if he was ever indicted, charged, and convicted of tax invasion.
"That would be a truthful statement because the pardon has wiped it out as if it had never happened," said Napolitano.
The pardon also shows that Joe Biden and President-elect Donald Trump agree that the Department of Justice has become politicized under the current administration, said Napolitano.
"If you read what Joe Biden said about how unfair, unjust, and politically targeted his son was, just change a couple of proper nouns, it's Donald Trump talking about himself," Napolitano said.
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