Hunter Biden calls Merrick Garland's nomination his father's 'greatest mistake' in office

Hunter Biden, the son of former President Joe Biden, sharply criticized his father’s choice of Merrick Garland to lead the Justice Department, calling Garland’s appointment as US attorney general the “greatest mistake” of the Biden administration during an appearance Sunday on the “I’ve Had It” podcast.

The comments came as host Jennifer Welch blasted Garland and the Department of Justice under his leadership, accusing them of failing to charge President Trump while pursuing an investigation into Hunter Biden. Welch asked Hunter Biden to weigh in on what she characterized as Democratic “capitulation” to Republicans in supporting Garland’s nomination.

“One of the things that pisses me off is the Merrick Garland DOJ and the not prosecuting of Trump. And that they prosecuted you,” Welch said in part as she set up her question.

“My take is this, and removing myself from it as much as I can, my personal feelings, is the single greatest mistake of my father’s administration was the leadership of Merrick Garland,” Hunter Biden said.

He continued, “The reason that we are in the situation that we’re in right now can almost… by the way, the buck has to stop with my dad. He was the president and he chose him. Now, once he chose him, he played by the, you know, a higher standard than the Marquess of Queensberry rules. He played by the Constitution and the tradition that the president will never, you know, particularly since Nixon, involve himself in any decision-making as relates to anything at the Department of Justice. So, I guarantee you there was a division between church and state there.”

Hunter Biden then placed further blame on Garland for not prosecuting Trump over any alleged role in the Jan. 6 Capitol riots, arguing that the effort to challenge the 2020 election results amounted to a “planned conspiracy” involving the Trump administration.

Hunter Biden revealed that he believes his father’s biggest mistake as president was nominating Merrick Garland for attorney general. AFP via Getty Images

“[I]f Merrick Garland had started a completely 100% legitimate investigation rather than thinking like let’s not fan the flames… did you not watch what I watched? Did you not see the people storming the Capitol of the United States of America, beating cops and running congressmen and senators literally out of the building? You didn’t see that? You didn’t see a president and know that it was a concerted and planned effort on their part beginning all the way back from the day before the election when they knew they were going,” Hunter Biden said.

Welch and Hunter Biden both referred to Garland as a “moderate” and suggested that President Biden selected him in part to reassure Republicans, as well as in recognition of former President Barack Obama’s earlier nomination of Garland to the Supreme Court.

U.S. Attorney General Merrick Garland speaking at a podium with two American flags in the background.

Hunter Biden called out Garland for not doing more to prosecute President Trump over the Capitol riot in 2021. Getty Images

“Obama picks this milquetoast candidate. Your dad is a decent man, felt bad about what happened to Merrick Garland. And he played integrity politics. Like, well, ‘I’m going to make him whole and make him attorney general.’ And then Merrick Garland gets there, and he’s like, ‘Well, we can’t upset these crusty White Republicans,’” Welch said.

“Massive mistake,” Hunter Biden said.

Hunter Biden was previously under investigation since 2018 under Trump’s first term. However, he was later pardoned by his father for any offense he “has committed or may have committed” from Jan. 1, 2014, to Dec. 1, 2024 during his final weeks in office.

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