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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

2 hours ago - World

In photos: Students evacuated as wildfire burns historic Cape Town buildings

Firefighters try, in vain, to extinguish a fire in the Jagger Library, at the University of Cape Town, after a forest fire came down the foothills of Table Mountain in Cape Town, South Africa, on Sunday. Photo: Rodger Bosch/AFP via Getty Images

A massive wildfire spread from the foothills of Table Mountain to the University of Cape Town Sunday, burning historic South African buildings and forcing the evacuation of 4,000 students, per Times Live.

The big picture: Visitors to the Table Mountain National Park and other nearby attractions were also evacuated and several roads including a major highway, were closed. South Africa's oldest working windmill and the university's Jagger Library, which houses SA antiquities, are among the buildings damaged.

Updated 3 hours ago - Politics & Policy

3 killed, 2 wounded overnight in Kenosha bar shooting

Three people died and two others were hospitalized with serious injuries after a gunman entered bar in Kenosha County, Wisconsin, the police department said in a statement on Sunday.

The latest: Officers arrested a "person of interest" Sunday afternoon in connection with the 12:42 a.m. shooting and there's "no threat to the community at this time," per a later police statement.

Updated 4 hours ago - Sports

Big European soccer teams announce breakaway league

Liverpool's Mohamed Salah (L) after striking the ball during the UEFA Champions League Quarter Final Second Leg match between Liverpool F.C. and Real Madrid at Anfield in Liverpool, England, last Wednesday. Photo: John Powell/Liverpool FC via Getty Images

12 of world soccer's biggest and richest clubs announced Sunday they've formed a breakaway European "Super League" — with clubs Manchester United, Liverpool, Barcelona Real Madrid, Juventus and A.C. Milan among those to sign up.

Why it matters: The prime ministers of the U.K. and Italy are among those to express concern at the move — which marks a massive overhaul of the sport's structure and finances, and it effectively ends the decades-old UEFA Champions League's run as the top tournament for European soccer.