President Joe Biden’s son agrees to testify, with a catch.
President Joe Biden’s son on Jan. 12 said he’ll testify behind closed doors to lawmakers, backtracking on his earlier resistance as the U.S. House of Representatives prepares to hold him in contempt of Congress.
Hunter Biden, 53, said through a lawyer in a letter to Reps. James Comer (R-Ky.) and Jim Jordan (R-Ohio) that he would comply with a subpoena to appear, but only if a new subpoena is issued.
Mr. Comer and Mr. Jordan in 2023 subpoenas ordered Mr. Biden to testify in private in December. But those subpoenas were “legally invalid” because they came before the House approved an impeachment inquiry into President Biden, Abbe Lowell, Mr. Biden’s lawyer claimed.
He pointed to a Department of Justice Office of Legal Counsel (OLC) legal opinion from 2020, which responded to concerns about how Democrats proceeded then in an impeachment probe against then-President Donald Trump, that subpoenas issued before impeachment inquiry authorization were “invalid” because “the committees lacked the authority to conduct the purported inquiry.”
“Despite your complaints and the Republicans’ obtaining a definitive legal opinion in 2020, you seemed to forget what occurred just four years ago and followed the same course that Republican leadership at the time and the OLC opined to be improper,” Mr. Lowell wrote.
“If you issue a new proper subpoena, now that there is a duly authorized impeachment inquiry, Mr. Biden will comply for a hearing or deposition,” Mr. Lowell added.
Requests for comment were sent to the offices of Mr. Comer, the chairman of the House Oversight Committee, and Mr. Jordan, the chairman of the House Judiciary Committee.
The two panels this week voted to send reports and resolutions recommending Mr. Biden be held in contempt to the full House.
The resolutions say that Mr. Biden “shall be found to be in contempt of Congress for failure to comply with a congressional subpoena.”
Mr. Comer has said the House would vote on the matter next week, and that there are enough members in support to hold Mr. Biden in contempt.