The pardon of Hunter Biden has sparked fresh debates about the potential loophole in the 5th Amendment.

On Tuesday, President Joe Biden's pardon of his son, Hunter Biden, sparked legal speculation about whether the younger Biden can assert his Fifth Amendment rights and how the broad immunity granted to him could be used against him.

Although Hunter Biden is protected from federal prosecution for any offenses committed or potentially committed between January 1, 2014, and December 1, 2024, those close to him are not, which means that he could be called upon to testify in any potential cases against family members or others in his inner circle.

If Hunter Biden is pardoned, he may lose his ability to claim Fifth Amendment protection because he will no longer be facing criminal charges.

The pardon applies only to federal crimes, not state crimes, and it is uncertain if Republicans will address this loophole in the near future.

The significance of Fifth Amendment protections is crucial as Republicans prepare to regain the majority in Congress in January, increasing the likelihood of potential GOP-led investigations into the outgoing president.

During an interview on Newsmax Monday night, House Oversight Committee Chairman James Comer stated that he intends to address the matter of Hunter Biden's Fifth Amendment rights with Trump's attorney general nominee, Pam Bondi.

The Kentucky Republican expressed excitement about discussing the matter with Attorney General Bondi.

"Comer stated that the White House is still hindering the acquisition of evidence that we are entitled to, despite having requested it."

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.

The House Oversight Committee is not planning to investigate Biden's actions in the next congressional session, nor are they interested in Hunter's ability to plead the Fifth, according to Comer's office.

Days after President Biden granted clemency to his only surviving son, questions about a potential loophole have emerged.

On Tuesday, the federal judge presiding over Hunter Biden's gun trial in Delaware declared the end of additional court proceedings, including a scheduled sentencing date in December. This year, a Delaware jury convicted Hunter of all three federal firearm charges brought against him.

U.S. District Judge Maryellen Noreika refused to dismiss the case outright, as requested by Hunter Biden's legal team, in terminating the proceedings.

In September, Hunter Biden pleaded guilty to federal charges of tax evasion in California, which were included in his pardon.

Judge Mark Scarsi has not yet decided whether to end the proceedings against Hunter or dismiss the case entirely.