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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.

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Tech's war for your wrist

Illustration: Sarah Grillo/Axios

Tech's biggest companies are ramping up competition for the real estate between your hand and your elbow.

The big picture: The next big hardware platform after the smartphone will likely involve devices for your eyes, your ears and your wrists.

1 hour ago - World

Tokyo Olympics to allow up to 10,000 fans at each event

Tokyo 2020 president Seiko Hashimoto (L) and IOC President Thomas Bach on Monday. Photo: Rodrigo Reyes Marin/POOL/AFP via Getty Images

Organizers of the Tokyo Olympics said Monday that venues can be filled up to 50% capacity when the Games kick off on July 23, with a maximum of 10,000 Japanese spectators at each event, AP reports.

Why it matters: Medical experts advising the Japanese government had recommended against allowing fans, citing the low vaccination rates in Japan and the potential for new variants to drive up infections.

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The psychology behind COVID-19 vaccine lotteries

Illustration: Aïda Amer/Axios

NBA season tickets. Scholarships. A chance at $5 million. The list of lotteries and raffles states are launching to drive up COVID-19 vaccination rates is growing, and some local officials are already reporting "encouraging" results.

Driving the news: The reason why, some psychologists and public health experts say, is that the allure of lotteries for many people is simply that the prospect of winning a great prize seems better than passing up the chance, regardless of the odds.