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Hunter Biden characterized the appointment of Merrick Garland as U.S. attorney general as his father’s most significant misstep during remarks made Sunday on the “I’ve Had It” podcast. Speaking with host Jennifer Welch, Biden elaborated on his assessment that the decision fundamentally shaped the trajectory of the Biden administration’s approach to accountability and legal enforcement.
Welch raised the appointment with Biden in the context of the Justice Department’s prosecution of Hunter Biden himself while declining to bring charges against former President Donald Trump. She framed the selection as a capitulation by Democrats to Republican pressure, inviting Hunter Biden to respond to what she termed a fundamental miscalculation.
Hunter Biden acknowledged his personal stake in the matter while attempting to distance his critique from self-interest. He emphasized that his father, as sitting president, bore responsibility for choosing Garland and thereafter maintained appropriate institutional distance from DOJ decision-making, adhering to constitutional tradition and precedent established since the Nixon era.
The younger Biden leveled particular criticism at Garland’s handling of the January 6 Capitol riot, asserting that the attorney general failed to pursue what Biden characterized as a “planned conspiracy” orchestrated by the Trump administration to undermine the 2020 election results. Hunter Biden suggested Garland prioritized restraint over accountability.
Both Welch and Hunter Biden described Garland as a “moderate” selected partly to appeal to Republicans and partially as compensation for President Obama’s unsuccessful 2016 Supreme Court nomination effort on his behalf. Hunter Biden called the overall approach a “massive mistake.”
Hunter Biden faced investigation beginning in 2018 during Trump’s first term before receiving a presidential pardon in December 2024 covering any offenses committed between January 1, 2014, and December 1, 2024.
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