President Joe Biden’s sweeping pardon of his son, Hunter Biden, touched off a flurry of fresh legal speculation Tuesday over how, or if, the younger Biden can move to assert his Fifth Amendment privileges that protect against self-incrimination — and how the broad immunity granted to Hunter could be twisted against him.

While Hunter Biden is indeed shielded against prosecution for any federal offenses he "committed or may have committed" between Jan. 1, 2014, through Dec. 1, 2024, those around him are not — which means that Hunter Biden could theoretically be called on to testify in any potential cases brought against family members or others in his inner circle.

BIDEN'S SWEEPING HUNTER PARDON AT ODDS WITH LONGTIME RHETORIC ON EXECUTIVE POWER: 'NO ONE IS ABOVE THE LAW'

In these cases, Hunter Biden’s pardon could actually limit his ability to assert Fifth Amendment privileges, since he is no longer at risk of facing criminal charges.

However, the pardon applies only to federal crimes, not state crimes, and it remains unclear how, or if, Republicans could move to act on this possible loophole in the weeks and months ahead. 

Still, the question of Fifth Amendment protections does have outsize importance as Republicans prepare to regain the majority in both chambers of Congress in January, ramping up the possibility of potential GOP-led investigations into the outgoing president. 

In an interview Monday night on Newsmax, House Oversight Committee Chairman James Comer said he plans to discuss the issue of Hunter Biden's Fifth Amendment privileges with Trump’s nominee for attorney general, Pam Bondi.

"I look forward to talking to attorney general Bondi about this," the Kentucky Republican said.

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"We still have information that we've requested that we never received," Comer said, adding that in his view, the White House "is still to this day obstructing rightful evidence that we should have obtained."

Any investigations into Biden’s family after he leaves office would likely be criticized by Democrats as both futile and a waste of taxpayer money, given the nature of earlier investigations, Hunter’s own pardon and Biden’s own lame-duck status.

Comer’s office did not respond to a question from Fox News Digital on whether the House Oversight Committee is planning to investigate Biden’s action in the next congressional session, or their views on Hunter’s ability to plead the Fifth.

But the questions about this potential loophole come just days after President Joe Biden announced the sweeping clemency grant for his only surviving son. 

Earlier Tuesday, the federal judge overseeing Hunter Biden’s gun case in Delaware announced the termination of further court proceedings, including a planned sentencing date in December. Earlier this year, a Delaware jury found Hunter guilty on all three federal felony firearm charges brought against him.

In terminating the proceedings, U.S. District Judge Maryellen Noreika stopped short of dismissing the case outright, as requested by Hunter Biden's legal team. 

In September, Hunter Biden pleaded guilty to separate federal charges of tax evasion in California, which the pardon also covers. 

The judge in that case, Judge Mark Scarsi, has not yet announced whether he will terminate the proceedings against Hunter or dismiss the case in full.

A Democratic U.S. congressman on Monday said it appears that certain people are "above the law" after President Biden pardoned his son, Hunter Biden, despite repeatedly saying he would not give his son a pass.

Rep. Dean Phillips, D-Minn., responded to Biden’s decision to pardon Hunter on social media, blasting the president’s own words from earlier this year that "no one is above the law."

"Let’s just say the quiet part out loud, certain Americans are indeed above the law and influence is always for sale," Phillips wrote on X. "It’s time for the exhausted majority to condemn and confront legalized corruption."

President Biden issued a sweeping pardon for Hunter Biden on Sunday after he had repeatedly said he would not do so. The first son had been convicted in two separate federal cases earlier this year. He pleaded guilty to federal tax charges in September, and was convicted of three felony gun charges in June after lying on a mandatory gun purchase form by saying he was not illegally using or addicted to drugs. 

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The president argued in a statement that Hunter was "singled out only because he is my son" and that there was an effort to "break Hunter" in order to "break me."

Biden had stated on record multiple times that he would not pardon Hunter should a jury convict his son.

Phillips, who unsuccessfully ran for the Democratic nomination for president, argued that perhaps both Hunter Biden and Trump may not have been charged in their respective criminal cases under different circumstances.

"Two things can be true at once: Neither Hunter Biden nor Donald Trump would have been charged with certain crimes had they not been political figures," he wrote. "Pardoning powers have been abused by Trump and now Biden, and must be reformed."

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The pardon has been met with widespread criticism from Republicans, some Democrats and the media.

Reporters grilled White House press secretary Karine Jean-Pierre on Monday, asking whether Biden and his surrogates lied to the American people. Jean-Pierre responded, "One thing the president believes is to always be truthful with the American people," and repeatedly pointed to Biden’s own statement on the matter.

Biden has yet to take questions from reporters on why he broke his pledge to Americans and decided to pardon the first son.  

Fox News Digital's Alexander Hall contributed to this report.

The federal judge overseeing Hunter Biden’s gun trial terminated further court proceedings in his case on Tuesday, in the wake of President Biden’s sweeping pardon that shields his son from being prosecuted for all offenses that he "has committed or may have committed" from Jan. 1, 2014, through Dec. 1, 2024. 

U.S. Judge Maryellen Noreika, the presiding judge in Biden’s trial in Delaware, announced Tuesday the termination of all further proceedings in the case, citing the clemency grant signed by the outgoing president. 

Judge Noreika stopped short of dismissing the case outright, however, as requested by Hunter’s legal team. 

A Delaware jury found Hunter guilty this summer on all three federal felony firearm charges that had been brought before the court by prosecutors.

BIDEN'S SWEEPING HUNTER PARDON AT ODDS WITH LONGTIME RHETORIC ON EXECUTIVE POWER: 'NO ONE IS ABOVE THE LAW'

Prior to the sweeping pardon announcement, his sentencing date had been scheduled for Dec. 12. 

In announcing the pardon, President Biden criticized the unfair investigation and prosecution of his son, a process he said was "infected" by politics and led to a "miscarriage of justice."

"No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong," the president said in a statement Sunday.

However, some critics also noted the pardon broke with Biden's longtime promises not to pardon his son and risks further eroding the public's view of the Justice Department. 

Hunter also pleaded guilty on tax evasion charges in California, which the pardon also covers. 

The judge in that case, Judge Mark Scarsi, has not yet announced whether he will terminate the proceedings against Hunter or dismiss the case in full.

This is a breaking news story. Check back soon for updates.

Sen. Jon Tester is getting testy with reporters during his remaining weeks in Congress after being booted from his long-held Montana Senate seat.

President Biden pardoned his son, Hunter Biden, on Sunday, absolving him of any charges for crimes he "committed or may have committed" between January 2014 and December 2024.

On Monday, Tester was asked about Biden's controversial move to pardon his son, to which the senator offered a rather blunt response.

"I’m one month from getting the f--- out of here," he said with a smile, according to CNN and other outlets. "Ask somebody who counts."

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The comment comes nearly one month after the three-term Montana Democrat was ousted by Republican Navy SEAL Sen.-elect Tim Sheehy in one of the most closely watched races of the 2024 cycle.

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While Tester did not answer the question, Democrats on Capitol Hill have been speaking out against Biden's decision to relieve his son from facing any potential federal charges over the course of the past decade. 

"President Biden’s decision to pardon his son was wrong. A president's family and allies shouldn't get special treatment. This was an improper use of power, it erodes trust in our government, and it emboldens others to bend justice to suit their interests," Sen. Gary Peters, D-Mich, wrote in a post on X.

Sen. Michael Bennet, D-Colo., also said that Biden's decision "further erodes Americans’ faith that the justice system is fair and equal for all."

Efforts to reach Tester's office for comment at press time were unsuccessful. 

President Joe Biden’s sweeping pardon of his son, Hunter Biden, touched off a flurry of fresh legal speculation Tuesday over how, or if, the younger Biden can move to assert his Fifth Amendment privileges that protect against self-incrimination — and how the broad immunity granted to Hunter could be twisted against him.

While Hunter Biden is indeed shielded against prosecution for any federal offenses he "committed or may have committed" between Jan. 1, 2014, through Dec. 1, 2024, those around him are not — which means that Hunter Biden could theoretically be called on to testify in any potential cases brought against family members or others in his inner circle.

BIDEN'S SWEEPING HUNTER PARDON AT ODDS WITH LONGTIME RHETORIC ON EXECUTIVE POWER: 'NO ONE IS ABOVE THE LAW'

In these cases, Hunter Biden’s pardon could actually limit his ability to assert Fifth Amendment privileges, since he is no longer at risk of facing criminal charges.

However, the pardon applies only to federal crimes, not state crimes, and it remains unclear how, or if, Republicans could move to act on this possible loophole in the weeks and months ahead. 

Still, the question of Fifth Amendment protections does have outsize importance as Republicans prepare to regain the majority in both chambers of Congress in January, ramping up the possibility of potential GOP-led investigations into the outgoing president. 

In an interview Monday night on Newsmax, House Oversight Committee Chairman James Comer said he plans to discuss the issue of Hunter Biden's Fifth Amendment privileges with Trump’s nominee for attorney general, Pam Bondi.

"I look forward to talking to attorney general Bondi about this," the Kentucky Republican said.

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"We still have information that we've requested that we never received," Comer said, adding that in his view, the White House "is still to this day obstructing rightful evidence that we should have obtained."

Any investigations into Biden’s family after he leaves office would likely be criticized by Democrats as both futile and a waste of taxpayer money, given the nature of earlier investigations, Hunter’s own pardon and Biden’s own lame-duck status.

Comer’s office did not respond to a question from Fox News Digital on whether the House Oversight Committee is planning to investigate Biden’s action in the next congressional session, or their views on Hunter’s ability to plead the Fifth.

But the questions about this potential loophole come just days after President Joe Biden announced the sweeping clemency grant for his only surviving son. 

Earlier Tuesday, the federal judge overseeing Hunter Biden’s gun case in Delaware announced the termination of further court proceedings, including a planned sentencing date in December. Earlier this year, a Delaware jury found Hunter guilty on all three federal felony firearm charges brought against him.

In terminating the proceedings, U.S. District Judge Maryellen Noreika stopped short of dismissing the case outright, as requested by Hunter Biden's legal team. 

In September, Hunter Biden pleaded guilty to separate federal charges of tax evasion in California, which the pardon also covers. 

The judge in that case, Judge Mark Scarsi, has not yet announced whether he will terminate the proceedings against Hunter or dismiss the case in full.

"The View" co-host Whoopi Goldberg lashed out at Democrats criticizing President Biden on Tuesday over pardoning his son, Hunter Biden, and argued that the president had every right to do so. 

"You know what I think is hurtful for the American people? I think what is hurtful is denying that if it’s good for the goose, it’s good for the gander. He is the President of the United States. And it is his right, and he doesn’t have to explain to anybody. This is his right as president. He can pardon — if he wants to pardon Bozo the Clown, he can pardon Bozo the Clown, so I’m not sure why, again, why people are clutching their pearls, why the left is clutching their pearls," Goldberg began.

Some Democrats, including Colorado Sen. Michael Bennet, Rep. Greg Landsman, D-Ohio, and Rep. Greg Stanton, D-Ariz., have come out against Biden's decision to pardon Hunter, arguing that Biden put his personal interest ahead of his duty.

"Democrats, you can’t have it both ways. You can’t have it both ways. You can’t let people tell you’re not taking the moral ground when we take the moral ground all the time. We fight for migrant rights, women’s rights, gay folks’ rights, trans rights and every time we do, suddenly we’re being told, oh, you’re on the woke agenda," Goldberg continued.

BIDEN PARDONS SON HUNTER BIDEN AHEAD OF EXIT FROM OVAL OFFICE

"Either we are this party, and we fight for these things, and you see what’s going on, and you get why he’s decided to do this, or you don’t," Goldberg added. "But you don’t go out and chew up other Democrats. This is a big problem, I feel, as a Democrat."

Co-host Sunny Hostin agreed with Goldberg and said the "internal firing squad" was bothering her. 

Hostin argued that no one should be mad about President Biden lying about the pardon because, she shared, President-elect Donald Trump lies, citing various fact-checks from different sources.

"So, if we want to talk about lying, let’s talk about that and stop this pearl clutching about Joe Biden lying," Hostin added.

CLICK HERE FOR MORE COVERAGE OF MEDIA AND CULTURE

"I respect President Biden, but I think he got this one wrong," Stanton said. "This wasn’t a politically-motivated prosecution. Hunter committed felonies, and was convicted by a jury of his peers."

Jared Polis, the Democratic governor of Colorado, also criticized the decision.

"While as a father I certainly understand [Biden’s] natural desire to help his son by pardoning him, I am disappointed that he put his family ahead of the country. This is a bad precedent that could be abused by later Presidents and will sadly tarnish his reputation," Polis said in a lengthy statement.

Goldberg emphatically defended the president on Monday and said Biden "can do whatever he wants."

Legal analyst Jeffrey Toobin ripped President Biden on Monday for pardoning his son Hunter Biden of multiple felony convictions and other criminal allegations, calling it a "consummate act of nepotism."

Toobin, who has been plagued by his infamous 2020 masturbation snafu that got him fired from The New Yorker and suspended from CNN, before later being let go by the network, made the arguments in a New York Times guest essay published Monday. He wrote that Biden’s move stood in contrast to his initial ambitions of being a leader of decency and free of corruption.

"Mr. Biden sought to define his presidency in counterpoint to the corruption and indecency of the first Trump years. With the pardon of his son, Mr. Biden added his name to the roll call of presidents who dishonored their office by misusing the pardon power," the analyst wrote.

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Biden announced Sunday evening that he had pardoned his son earlier that day. In his statement, the president suggested that his son had been persecuted by the Department of Justice for political reasons, stating, "No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong ."

Before getting into his criticism of the president’s decision, Toobin appeared to defend Biden’s point that his son was being persecuted. 

"There is something to this argument," he said. "The president’s political adversaries have long been obsessed with trying to prove that Mr. Biden was somehow involved with his son’s misdeeds, many of which appear to have stemmed from his long-term addiction to drugs."

"Despite years of pursuit, including a spurious impeachment investigation, Mr. Biden’s critics never came close to proving that he had anything to do with his son’s criminal behavior, or that he benefited in any way from it," Toobin added. He also noted that Biden made the move "to forestall attempts by the new administration to prosecute his son."

Still, the legal commentator pointed out that Biden’s son was found guilty of 12 felonies and is now getting away with them because of who his father is. Speaking of other individuals punished by the DOJ, he stated, "But those other guilty defendants didn’t have the president of the United States to bail them out."

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"Mr. Biden’s love for his son, as well as his anger about the way he was treated, was understandable, but the president’s consummate act of nepotism has stained the record of the Biden presidency," Toobin stated. 

His main objection to the pardon was that Biden hasn’t extended the same mercy to many others during his time in office, especially compared to his former boss. 

"Mr. Biden’s merciful treatment of his son might be more defensible if he had extended the same kind of grace to others who received rough treatment in the legal system. But to date, he has issued only 26 pardons and 132 commutations. (In eight years, President Barack Obama issued 212 pardons and 1,715 commutations.)"

Towards the end of the piece, Toobin urged Biden to "redeem, or at least improve, his legacy on pardons," especially for those "who don’t have friends, or a father, in high places."

He concluded, "So far, though, he’s done none of that. For now, Mr. Biden’s sympathies extend only to his son."