It has been 88 years since an individual was detained by Congress for refusing to comply with a subpoena to provide testimony or information.
Hunter Biden could have been arrested when he appeared on Jan. 10 during the House Oversight and Accountability Committee’s markup session on a Contempt Resolution citing him for refusing to comply with a congressional subpoena.
However, a majority would have to approve such an event, according to a Congressional Research Service report.
Rep. Nancy Mace (R-S.C.) told members of the House Oversight and Accountability Committee during the tumultuous proceeding marked by President Joe Biden’s son’s unexpected appearance in the audience that he should be taken into custody by the Capitol Police.
“I think Hunter Biden should be arrested right here right now and go straight to jail,” Mace declared. “This nation is founded on the rule of law and the premise that the law applies equally to everyone no matter what your last name is.”
The meeting is devoted to marking up and voting on whether to refer the Resolution of Contempt against Mr. Biden after he refused to appear on December 13, 2023, for a closed-door on-the-record examination by committee members and lawyers for the majority and minority.
Mr. Biden instead held an outdoor news conference hosted by Rep. Eric Swalwell (D-Calif.) on the Capitol grounds in which he said he should be allowed to appear in a public hearing rather than the closed-door proceeding specified in the subpoena.
During the Jan. 10 session, Mr. Biden and Abbe Lowell, his lead attorney, were seen frequently whispering and laughing as Rep. James Comer (R-Ky.), the committee chairman, and Ranking Member Jamie Raskin (D-Md.) and other panel members exchanged barbs, challenges, and interruptions.
According to the Congressional Research Service (CRS), Mr. Biden, or any other individual who refuses to comply with a lawfully issued congressional subpoena, can be arrested and detained under the inherent contempt power.
“In comparison with the other types of contempt proceedings, inherent contempt has the distinction of not requiring the cooperation or assistance of either the executive or judicial branches. The House or Senate can, on its own, conduct summary proceedings and cite the offender for contempt,” according to a 2012 CRS report updated in 2017.
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