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Joe Biden hugs Hunter and Jill Biden after he was sworn in as president. Photo: Olivier Douliery/AFP via Getty Images

Hunter Biden hired a new attorney to assist with his federal criminal defense a month before his father became president. On Inauguration Day, one of that lawyer’s close colleagues was tapped to temporarily lead the Justice Department’s criminal division.

Why it matters: The moves put the new DOJ official atop a powerful arm of the justice system as his former colleague represents a client fending off a criminal probe. While their connection will fuel scrutiny of a politically charged matter, ethics experts say strictly adhering to conflict-of-interest rules can address any legitimate concerns.

What’s happening: In December, Hunter Biden hired former federal prosecutor Chris Clark, a partner at the firm Latham & Watkins. The president's younger son is said to be under investigation for possible tax and money laundering activities, with a potential counterintelligence component.

McQuaid, a former federal prosecutor, was tapped in January to serve as principal deputy assistant attorney general in the criminal division. Additionally, he was installed as the acting assistant attorney general to replace a Trump appointee, making McQuaid one of a handful of acting AAGs appointed on Biden’s first day in office.

  • The president has yet to announce a nominee to permanently fill the post.

It’s not clear whether or to what extent the main branch of the Justice Department is involved in the Hunter Biden investigation.

  • While the investigation is being run by the U.S. attorney’s office in Delaware, that doesn’t necessarily preclude involvement by Justice Department sections in Washington.
  • “It can really be quite ad hoc in the level of interactivity," said John A. Horn, a former U.S. attorney in Georgia. Any engagement is “very much dependent on the facts and circumstances of each case.”

Between the lines: Federal ethics laws and DOJ regulations would bar McQuaid from working on matters relating to the Biden investigation without a sign-off from Justice ethics officials.

  • DOJ guidelines, as well as an ethics pledge imposed by President Biden within days of taking office, bar federal officials from participating in matters involving former employers unless they receive a waiver of relevant laws and regulations.
  • “Potential conflicts between lawyers entering government and their former clients or firms are quite common,” said Kedric Payne, the senior director for ethics at the Campaign Legal Center.
  • “This situation is one of the many initial tests of Biden's ethics pledge, which looks great on paper, but time will tell if it is effective in practice,” he added. “Enforcement is essential.”

The bottom line: “While not speaking to any particular matter,” a DOJ spokesperson told Axios, “all department employees are governed by the department’s ethics rules, including rules concerning recusal.”

Editor’s Note: This story has been updated to include that National Law Journal first reported McQuaid’s hiring.

Go deeper

Updated 2 hours ago - Sports

Olympics dashboard

Katie Ledecky in Tokyo. Photo: Ding Xu/Xinhua via Getty Images

🚨: Simone Biles won't compete in individual vault or uneven bars

🏊‍♀️: Katie Ledecky wins gold in women's 800m freestyle

🏊: Caeleb Dressel breaks world record in men's 100m butterfly, 3rd gold

🇬🇧: Britain wins gold in first-ever Olympic mixed 4x100m medley relay

🎾: Novak Djokovic defeated in Olympic semi-finals

💻: Japan tests teleporting games and "remote cheering"

Go deeper: Full Axios coverage

Updated 3 hours ago - Sports

Simone Biles won't compete in individual vault or uneven bars Olympic finals

Photo: Loic Venance/AFP via Getty Images

Simone Biles will not compete in the individual vault or uneven bars finals at the Tokyo Olympics, USA Gymnastics announced Friday.

Why it matters: USA Gymnastics said Biles, who previously withdrew from the individual all-around and team finals to prioritize her mental health, will continue to be evaluated to determine if she'll compete in the balance beam or floor exercise events.

4 hours ago - Sports

American Katie Ledecky wins Olympic gold in women's 800m freestyle

USA's Katie Ledecky reacts after taking gold in the final of the women's 800m freestyle race. Photo: Odd Anderson/AFP via Getty Images

American superstar swimmer Katie Ledecky grabbed her second gold medal of this year's Olympic Games, winning the women's 800-meter freestyle race Saturday in Tokyo.

Driving the news: Ledecky, who holds the world record in the 800m freestyle, is considered one of the best women swimmers of all time. Saturday's final marks her third straight Olympic gold in the event.