President Joe Biden eliminated the prospect of first son Hunter Biden going to jail for tax and gun felonies by granting him a sweeping pardon, but the younger Biden still has lawsuits and possible government investigations to contend with in his future.
Hunter Biden has pending court cases against top disseminators of his laptop contents and against the Internal Revenue Service after two of its employees blew the whistle on the Justice Department’s criminal investigation into him.
Joe Biden’s pardon, which covered all of Hunter Biden’s conduct during an 11-year period beginning in 2014, relieved the first son of the very real prospect that he would go to jail after he pleaded guilty in one case to failing to pay taxes on more than $7 million in income and was convicted by a jury in another case of gun possession crimes.
While both cases have now been terminated because of the pardon, Hunter Biden is not necessarily unburdened by federal government investigations. He could still be compelled to speak under oath next year, as Congress or the Justice Department, both of which will be controlled by Republicans, could still summon him for information.
Below is a look at some of Hunter Biden’s looming legal fights.
Marco Polo
Hunter Biden is set to go to trial on Sept. 9, 2025, against Garrett Ziegler and his nonprofit group Marco Polo.
Marco Polo maintains a publicly accessible 644-page e-book, which it also sells paper copies of for $55, containing intensely personal details about Hunter Biden’s once drug-fueled life and lucrative business dealings abroad.
Marco Polo compiled the document using Hunter Biden’s computer data, which the group says it came to possess after the first son abandoned his MacBook at a repair shop in 2019.
Hunter Biden sued Ziegler and his company in September 2023, calling Ziegler a “zealot who has waged a sustained, unhinged and obsessed campaign” against the Biden family. He accused Ziegler of illegally hacking into and tampering with his laptop data, and a trial is set to decide if the first son is entitled to damages.
The IRS
Hunter Biden is set to spend the first half of 2025 negotiating with the IRS after he sued the agency for damages over the actions of two of its employees, Gary Shapley and Joseph Ziegler.
Shapley and Ziegler, two veteran criminal investigators who worked with the DOJ on Hunter Biden’s tax case, testified to Congress last year that they felt the DOJ was slow-walking the case and extending preferential treatment to the first son.
Hunter Biden alleged that the pair of whistleblowers, who also participated in media interviews, improperly spoke about his confidential tax return information rather than following proper whistleblower protocols.
The IRS allowed its employees “to disregard their obligations and repeatedly and intentionally publicly disclose and disseminate Mr. Biden’s protected tax return information outside the exceptions for making disclosures in the law,” Hunter Biden’s attorney wrote in the complaint.
Meanwhile, the IRS agents have attempted to defend themselves by intervening in the lawsuit. A judge rejected their request, but they are appealing the decision.
Congress
Three GOP-led House committees conducted a sprawling investigation into the Biden family over the past two years that culminated in a final report that centered on the first son’s overseas business ventures. The committees also referred Hunter Biden to the DOJ for criminal prosecution, claiming he lied to Congress during testimony.
While the House appears largely finished with its inquiry into the first son, either chamber of Congress could subpoena Hunter Biden if it wanted to. After he received a pardon, Sen. Tom Cotton (R-AR) hinted that the Senate, which will be led by Republicans next year, could be interested in doing that.
“Hunter Biden now can’t plead the fifth if he appears before Congress or appears before a grand jury,” Cotton said in a statement.
The DOJ
The DOJ is poised to be led by Trump attorney general nominee Pam Bondi, a former Florida attorney general. Bondi could pursue investigations into the Biden family, and Hunter Biden would have little ability to avoid complying with such an investigation.
While he cannot face federal charges for any of his activity from the past decade, the first son’s pardon spurred questions about his Fifth Amendment right to avoid self-incrimination if he is called to testify or produce documents.
Former U.S. Attorney John Fishwick of Virginia told the Washington Examiner Hunter Biden “can be ordered to testify” and would likely have difficulty asserting a Fifth Amendment right in that setting.
“Whether Hunter Biden still has a Fifth Amendment right not to answer questions from DOJ/congressional investigators after an incredibly broad pardon is unchartered legal territory,” Fishwick said. “His legal team will assert it to avoid him answering questions under oath, and they may say he has not been pardoned for state crimes. However, since his pardon is so broad, I expect a judge will rule you cannot possibly incriminate yourself for anything in the past and order him to testify.”
Special counsel
A report from special counsel David Weiss could also be looming for Hunter Biden, and it could rehash unflattering details about the first son’s past behavior or reveal insights into the DOJ’s charging decisions.
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As is typical for special counsels, Weiss, who led the prosecutions against Hunter Biden, is tasked with completing a final report to submit to the attorney general. Attorneys general have customarily made redacted versions of these reports public.
Weiss “will have the last word on Hunter Biden,” Fishwick said. “Look for his report to be comprehensive and to discuss if other charges could or would have been brought against Hunter Biden.”