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Hunter Biden has offered to comply with a "proper subpoena" from House Republicans after claiming that the subpoenas he refused are "legally invalid."
In a letter addressed to House Oversight Committee Chairman James Comer and House Judiciary Committee Chairman Jim Jordan on Friday, Biden's attorney, Abbe Lowell, argued that the subpoenas sent to his client were not legal because they were issued before an impeachment inquiry into President Joe Biden, Hunter's father, was formally launched.
The subpoenas were issued on November 9 and 10, while the House did not vote to formalize the impeachment inquiry until December 13, despite former House Speaker Kevin McCarthy having informally announced that he was opening the inquiry in September. The president's son refused to appear at a private deposition as requested but repeatedly offered to testify at a public hearing.
Republicans quickly rejected Biden's offer for public testimony, arguing that he was seeking "special treatment because his last name is Biden." They opened proceedings to hold Biden in contempt of Congress for violating the subpoenas this week, with a hearing on Wednesday descending into chaos after Biden made a surprise appearance.
Lowell's letter on Friday argued that Biden should not be held in contempt, pointing out that Comer had said witnesses would be allowed to take part in "depositions or committee hearings, whichever they choose" before apparently reversing course when it came to the president's son.
"Obviously, accepting your unqualified invitation to choose a forum for his testimony is neither seeking 'special treatment' nor contemptuous behavior," Lowell wrote, according to a copy of the letter obtained by Newsweek.
"Nevertheless, your actions demonstrate that you were not serious about getting facts or the truth, and simply wanted to stage some 'gotcha' political theater and create another legal issue for Mr. Biden."
Newsweek reached out to the offices of Comer and Jordan via email on Friday for comment.
Lowell went on to accuse the Republican chairmen of being opposed to "transparency," before asserting that Biden would be willing to take part in a public hearing or a private deposition if any subpoenas that are not "legally invalid" are issued.
"The November 8 and 9, 2023, deposition subpoenas to Mr. Biden and the contempt resolutions approved by your committees on January 10, 2024, based on those subpoenas were and are legally invalid," Lowell wrote. "You have not explained why you are not interested in transparency and having the American people witness the full and complete testimony of Mr. Biden at a public hearing.
"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. We will accept such a subpoena on Mr. Biden's behalf."
Republicans have amplified claims that President Biden received illicit financial benefits from his son's overseas business dealings, although they have yet to provide any evidence that proves the allegations.
The Bidens have denied any wrongdoing, while Democrats have largely argued that the proceedings in Congress are politically motivated. Meanwhile, former President Donald Trump, Biden's likely opponent in this year's presidential election, is facing an avalanche of legal issues that include 91 felony charges and multiple civil suits.
In addition to a possible contempt finding from Congress, Hunter Biden is facing criminal charges of tax evasion and the illegal possession of guns. Biden pleaded not guilty to all charges in his federal tax case on Thursday, when the Trump-appointed judge set a tentative trial date of June 20.
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About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more