problem Joe faces with the Hunter Biden pardon:
Once YOU can no longer face justice, you can no longer claim the 5th (as I understand it).Then, if you lie under oath, that is a new crime, one not covered by the pardon.
So there may indeed still be some utility in putting Hunter Biden under oath and making him testify. He can say, “Yeah, I killed that guy but I have been pardoned.” And he can’t be prosecuted for the murder.
But if the next question is, “Did Joe pay you for the murder?” there is NO way to avoid answering that question, even if there is blanket immunity for YOUR role in the crime.
You can’t plead the fifth because YOU are not in legal jeopardy. And if you lie under oath, you are then exposed to the punishment of a new crime in a new timeframe. THAT is my understanding.
So the pardon did indeed indemnify Hunter. But he may still have some VERY interesting things to say under oath! He can’t incriminate himself because of the pardon. So therefore there is no “right to remain silent.” But if he lies under oath, that is a new crime and he can indeed face penalties for that.
THIS is why lower level mobsters are often granted immunity–there is no longer an appeal to the 5th amendment and prosectors can “roll up” the bigger fish! And Joe Biden is a big fish…
The main problem with that is that Hunter himself cannot be brought to trial because of the pardon. So it would have to be a trial against someone else (like Joe), and Hunter is merely a fact witness. Might that happen? Sure, maybe. But it does not seem all that likely…
Without Hunter’s evidence against his dad there is no trial where Hunter can be forced to testify. But without a trial we can’t get Hunter’s testimony…