Below is my column in The Messenger on the vote to hold Hunter Biden in contempt and the need for Democrats to seriously reconsider the costs of voting against the resolution. On Wednesday, the House Oversight Committee voted to hold Hunter in contempt with every Democrat opposing the motion. Once again, the party is short selling an institutional asset that they are likely to need in the near future if they retake the House.
Here is the column:
This week, the Republican-controlled House will begin contempt proceedings against Hunter Biden with a vote expected as early as this week. That alone will be an historic moment for Congress to declare that the son of a sitting president may have committed a federal felony. However, the costs may not be borne by Hunter alone. If the Democratic members, as expected, unanimously oppose the contempt sanction, the party could fundamentally undermine its position in future investigations.
The Democratic leadership has made a series of similar decisions in the last decade that have cost the party dearly by opting for immediate political benefits over long-term interests. They are acting as the political version of short sellers who have given away institutional positions, only to find later that the costs were prohibitive.
That was the case when Democrats repeatedly undermined the Senate filibuster. Many of us warned Democratic senators that they would rue the day that they killed the rule. Nevertheless, in 2013, Democrats pushed through a rule change allowing most presidential nominees (but not Supreme Court nominees) to be confirmed by a simple majority vote. Then in 2017, when Republicans controlled the Senate, they extended the simple-majority rule change to justices, too — and when Democrats wanted the filibuster to block the High Court nominations of Neil Gorsuch, Brett Kavanaugh or Amy Coney Barrett during the Trump administration, it was gone.
Likewise, when Democrats first sought to impeach President Donald Trump, they held only one hearing in the House Judiciary Committee and discarded the development of the type of evidentiary record used in past impeachments. I warned that the record guaranteed an easy acquittal in the Senate and undermined the process of impeachment. They ignored such warnings and quickly impeached, then lost the case in the Senate. In a second impeachment, they went even further, using what I called a “snap impeachment” with no hearing of any kind.
Now, after using the first snap impeachment in history, Democrats are implausibly arguing that House Republicans have failed to support impeachment efforts against President Joe Biden and objected to the lack of hearings with particular witnesses.
They also have encouraged President Biden to act unilaterally in a host of areas, including his attempt to give away a half-trillion dollars in student loan debts.
When House Speaker Kevin McCarthy (R-Calif.) was targeted for removal by a handful of GOP members, many people urged Democrats not to support such a dysfunctional move when the nation had serious problems to address. Yet Democrats voted with the rebellious Republicans to oust McCarthy, and the whole effort caused weeks of disruption. It shattered a certain detente in such motions to vacate— and Republicans are very likely to return the favor during any future revolt against a Democratic speaker.
The political culture of short selling is nowhere more evident than in the “ballot-cleansing” efforts of Democratic officials and activists to remove Trump’s name from 2024 ballots as well as to remove primary opponents against Biden. The immediate satisfaction of blocking potential voters ignores the long-term costs of this distinctly anti-democratic measure. When presented with those implications, anti-Trump pundits often express anger. MSNBC host Joe Scarborough, for example, called such concerns “laughable” and told critics to “spare me the anti-democratic lectures.”
Now, Democrats are about to do another short sell. They are expected to unanimously oppose holding Hunter Biden in contempt of Congress despite his flagrant violation of a subpoena to appear for a standard closed deposition. It is the very same demand made by Democrats in prior congresses, before witnesses subsequently appeared for public hearings on controversies like the Jan. 6, 2021, Capitol riot.
Oversight Committee Ranking Member Jamie Raskin (D-Md.) declared this week that there “is no precedent for the U.S. House of Representatives holding a private citizen in contempt of Congress who has offered to testify in public, under oath, and on a day of the committee’s choosing.” Raskin said that Oversight Committee Chairman James Comer (R-Ky.) “repeatedly urged Hunter Biden to appear at a committee hearing, and Hunter Biden agreed” — without mentioning, of course, that Hunter set his own conditions on any appearance.
So House Democrats — all of them — are expected to oppose holding a witness in contempt for openly defying a subpoena and instead holding a defiant press conference outside the Capitol. In doing so, Raskin and his colleagues will establish that in the future, when Democrats are in control, witnesses will be able to unilaterally refuse to appear for depositions with committee staff and to dictate the conditions under which they will appear for testimony.
No impartial judge would support such an absurd claim — but it will become the position of the Democratic Party going forward.
For real short sellers, the idea is to leverage money to buy stock or shares while betting that the stock or shares will decline in value. By selling them and then buying the cheaper securities, the short seller can return the cheaper shares to the lender while pocketing the difference. Of course, the problem is when the value of the things you are selling goes up.
That is precisely what has happened to past Democratic short sells, from Senate filibusters to House impeachments. The institutional rules they sold out proved to be very valuable within a couple years, when Republicans took control — leaving them with little beyond hypocrisy in crying foul.
What is most impressive, however, is the lack of criticism by party members or the media. These were costly mistakes, but the “lenders” seem entirely comfortable with the losses; they are enabling these bad trades for a party of short sellers.
With the Biden contempt vote, Democrats once again will be asked to think beyond the political moment or the next election. At some point, the costs of shielding the Bidens from an alleged corruption scandal will become prohibitively high. And, eventually, the Democratic Party will find itself one short-sell short of political and ethical bankruptcy.
Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.
I am not a lawyer, but it seems to me like “public testimony” is full of BS grandstanding by those politicians asking the questions, often using their “five minutes” of questioning not even asking any questions but making political statements.
A “deposition” however removes all of the hype and grandstanding and really drills down into complex issues with out the five minute per politican rule. Therefore you get better and more complete anwsers on the record.
in short a “deposition” would be more like a court room proceeding and a “public hearing” is more like another disfunctional congressional made for TV event, with little or no reguard to legal guidelines.
just a non legal opinion / obversation.
Well said.
You may not be a lawyer, but you’re right about the differences. And that’s why Hunter Inc. and WH (which, let’s face it is involved behind the scenes) are working so hard to keep Hunter from having to swear an oath and testify behind closed doors. BTW, one does not have to be a lawyer to know that “behind closed doors” means no opportunity to play politics and grandstand.
Members of Congress can choose not to grandstand. Some of them do choose not to. The Republicans could choose to ask the same set of questions as would be asked during a deposition, splitting the questions up among them. But instead we have people like MTG who likes to show dick pics.
“But instead we have people like MTG who likes to
show dick picspresent evidence”It’s not evidence. It’s totally irrelevant. She gets off on showing dick pics.
As a member of the committee it is well within her power.
Your “opinion” is worthless. Run against her her in November.
“It’s not evidence.”
Here we go again. After dozens of corrections, you still have no clue what evidence means
You’re an idiot
The standard process for congress is long private hearings which are short on speeches and long on questions, and most questioning is actually done by lawyers usually in 30minute segments not 5 minute blocks.
After this is complete and transcripts are made, THEN the committee has a public hearing where the highlights of the private hearing are replayed publicly by each party.
Public hearings are Vaudeville, nothing more, nothing less.
@golfishgrace,
You don’t have to be a lawyer to understand the meaning of meeting behind closed doors. You are correct.
That’s why Hunter won’t do it because he’ll have to plead the 5th most of the time if not all of the time.
His going in and pleading the fifth makes him look bad without exposing the truth.
He knows this.
He also knows that if he went in front of the committee in a public hearing, he’ll get 50% softball questions that he could actually help craft via intermediates.
Only the dims don’t want him in front of the committee behind closed doors.
Hunter knows that the committee will send a referral to DoJ which will sit on it.
Everyone knows this… and the effect is to highlight how the DoJ is in the bag for Biden.
Hunter’s best bet would have been to go in front of the committee and plead the 5th the entire time citing his ongoing criminal trials as reason why he can’t testify. (Based on his lawyer’s advice)
That would have been clean , simple, and legit.
But Hunter isn’t that smart.
-G
“That’s why Hunter won’t do it because he’ll have to plead the 5th most of the time if not all of the time.”
Gumby, I thought once the 5th was pleaded, the person should never answer further questions because that opens the door to further questions on that subject where the 5th could not be used again. Is that the rule?
Dear Prof Turley,
Great balls of fire! They should have sworn Hunter in (and his counsels) right then & there, on the spot. I’ve seen the direct photographic evidence Hunter does indeed have balls, and it was not a pretty sight.
While (I like to think) I understand the distinction between ‘depositions’ and ‘public hearings’ – especially congressional hearings – the decorum of that hearing could not have been further undermined by Hunter dropping his drawers. imo,
Is there some ‘rule’ which prevents any public hearing for poor Hunter . .. while his contempt charge meanders its way through his daddy’s DoJ?
[I notice Hunter didn’t have much to say with the reporters who hindered his escape yesterday.]
That said, one way or another, I would, at some point, like to hear what Hunter Biden has to say. .. although I suspect, in either case, Abby Lowell will be doing most of the talking.
The election will be upon us in no time at all . .. lets hope it will not be coming around the mountain, when it comes.
*time is of the essence .. .
The odds of Hunter testifying are slim to none. This is all political theater.
Hunter and Joe need this delayed as long as possible.
Hunter will take the 5th if he is forced to testify. Which is his absolute right, and the only wise thing for him to do.
He has been indicted and has several more charges that could be filed.
He is not testifying.
When he please the 5th. The next question is whether he gets offered immunity.
That is what Joe Biden is most affraid of. You can not refuse to testify if you have immunity.
Republicans may settle for Hunter pleading the 5th – that would be a big political win.
Remember all, this is not a n effort to convict Hunter. This is an impeachment inquiry to evidence that Joe Biden is guilty of high crimes and potentially treason. If the WH has colluded in any way with Hunter to orchestrate his noncompliance, it is obstruction. The facts speak for themselves, Biden crime family.
Yup. I can hear the liberal heads exploding. But but but, Trump…
Treason is not on the table. We are not in a declared war. Treason is defined in the constitution – specifically to avoid this.
You should not be playing the same stupid words games that democrats are.
There is no treason, there was no insurrection. The issue is Bribery and influence pedaling.
Regarding Scarborough
When he “made” that comment, did anyone see Mika’s lips move? She really is good at this
(OT — though the same corrupt “consequences-be-damned” mentality)
Boeing doesn’t do bolts. On the doors. Of its planes.
But it does do DEI:
“Over the past three years, representation at Boeing has increased for women and U.S. racial/ethnic minorities in nearly every area.” “We are committed not only to improving our own diversity, but also to ensuring a robust and diverse pipeline of talent for generations to come.” (Boeing “Global Equity,
Diversity & Inclusion” report, 2023).
Someone pointed out that DEI in practice means: Die.
Remember that the next time you go up a ladder, over a bridge, under a scalpel.
If I remember right those republicans that ignored congressional subpoenas also got charged and convicted and suffered some fines and real inconveniences. A private hearing followed later by a public hearing would be desirable. The Dem’s had private hearings chaired by Adam Schiff which meant they were public hearings with everything leaked that Schiff wanted leaked. A public hearing usually gains you nothing if the witness has any sort of skill and his/her party can grandstand and turn the hearing into a circus that is totally non productive. A private hearing is without the circus and real answers have to be provided. It is a deposition and requires time, thought, preparation and real knowledge of the event (it helps to have been lucid during the events being investigated). Any of us who have appeared in depositions as expert witnesses , participants, malpractice actions, review panel actions, know it is grueling event if you have all the facts on your side. If you have that then things tend to melt away.
It is a nightmare, on the other hand, if the facts of the case favor your opponents.
I’m sure if Hunter Biden was pure as the driven snow this subpoena would be months in the past and the hearing record would be disappearing into some nondescript file in another universe. His constant fighting to avoid the real hearing ( private) suggests he really has something to hide, don’t you think.
Throw his butt in jail, he’s a criminal and so his is demented father.
Have the Sergeant at arms arrest him and put him in jail until he complies. Should any other participant obstruct the efforts do the same.
The Democratic Party used to call itself the party of ideas. Now the only idea it has is acquiring as much power as possible and keeping it as long as possible.
That’s what I think of the GOP, which has become a Trump cult.
Edwardmahl,
Well said and spot on.
Republicans care about Hunter Biden far more the the Democrats. The bulk of Democrats don’t care one lick if Hunter is prosecuted or not.
Of course.
Democrats do not care if the BCF is corrupt.
Power is all they care about.
Hunter Biden is not nor ever has been part of the US government.
Hunter Biden was a commissioned officer in the US Navy Reserves. He got busted on a drug test for cocaine.
And yet he flew all over in Federal airplanes, negotiating deals with foreign leaders and their henchmen promissing to deliver the execution of US Federal power in return for money.
He is inarguably and admittedly part of a scheme to sell the excercise of governemnt power.
That is a crime. And he must answer whether the offer was a fraud, or whether as it appears VP Biden delivered on the offer.
There is no BFC.
Sammy Metamucil with another steaming turd.
Hunter is not being investigated by Congress.
“And, eventually, the Democratic Party will find itself one short-sell short of political and ethical bankruptcy.”
Too late! You named 3 instances. Let’s stick with that established evidence. They will just stack up more.
When a member of Congress pointed out the long list of Republicans ignoring Congressional subpoenas, Republicans voted “not” to charge Hunter – since there were more Republicans in contempt of Congress than Democrats.
Hypocrisy at it’s worst by Republican members of Congress – do as we say, not as we do. Why was this fact left out of this article?
REGARDING ABOVE:
Disregard this STOOGE as he flunked out of Staunton Academy on account of plagiarism while writing a paper….on plagiarism!!!
“When a m͟e͟m͟b͟e͟r͟ ͟o͟f͟ ͟C͟o͟n͟g͟r͟e͟s͟s͟ pointed out the long list of Republicans ignoring Congressional subpoenas,”
You mean to say: Democratic Congressman Daniel Goldman. the Californian parading as the Representative from New York,
In-Name-Only [NY▫️NO]. Goldman, The Squad, Adam Schiff, ect… The California Cabal orchestrating the Biden Cover-Up …
“Republicans voted “not” to charge Hunter . . .”
What on Earth are you talking about? Two House committees just voted to refer HB for contempt.
Why werent those law breaking Republicans charged with contempt?
Obviously, they were not in contempt or they would have been referred to DOJ
Because members of Congress are protected by the Speech or Debate clause.
Another dissertation on legal gamesmanship. The American People are tiring of this. Time is running out on their patience. When the clock finally tolls, the fuse will be lit.
“The immediate satisfaction . . .” (JT)
That right there is the key.
This is fundamentally a culturally, not a political, corruption. It is a symptom of individuals not raised to think in or act on principles. It is the emotionally stunted “now mentality.” The future? That’s so tomorrow. Consequences? I can manipulate those, too. The cool light of reason? Nah. Act on your emotions. The truth? No such thing. There’s only personal “narrative.” A long-term plan for my life and country? Later. Much later. Right now there’s a new TikTok video. Building, creating, elevating? Too much forethought and goal-setting. It’s more emotionally satisfying to see things destroyed.
Sam,
Well said.
What a great take on the Democrats’ ridiculous group think & it’s predictable outcome. Well said.
When you only have two pair of field glasses, absent-mindedly leave one pair in Southampton, and issue the remaining pair to the bridge officers instead of the lookouts, knowing that you’ll be encountering ice on your route across the Atlantic, and believing you’re unsinkable.
Democrats are lawless Fascists. How many times do you need to be told!
The PROBLEM is “Republicans” appear to approve of this lawlessness, by FUNDING IT!
End all Federal Aid to cities, states, colleges and non-profits where anyone gets $100k+
Let Democrats try to fund their lawlessness then!
Please! I’m a staunch democrat and I’m no fascist.
So why do you think dems are fascists?
I waited all of last night for you, tweaking into the early morning, douching, prepping as you promised at the West Hollywood bath house you reserved for us. Sooooo disappointed in you. What skank did you meet online that prompted you to go full Hunter Biden on me, bbeeaaatch!? You gone full fascist on us!
REGARDING ABOVE:
He did the same to me.
eb
@Wally
Covid mandates
Green New Deal mandates
Faulty science
Misrepresentation of factual information
Fabrication of facts out of thin air if it serves the party
Abuse of power in service of the party
Abuse of legal system in favor of party
Abuse of gerrymandering in favor of party
Jailing political opponents
Barring political opponents from running
Antifa, BLM, et. al.
Cancel culture
Doxxing
Harassment of political opponents at their places of work or homes
Defund the police
Seeking total control of the levers of society through unconstitutional means
Threatening justices on floor of Congress
Prioritization and enactment of party line over rule of law
Denial of constitutional rights for political opponents
Separating people by race, gender, and sexual preference
And that’s just the last five or six years. There’s oh so much more.
Oh, and censorship and blacklisting, two big ones. Weaponization of federal agencies against citizens.
James,
Well said.
@Upstate
Oh, and let us not forget proxy wars for party benefit. Yes, other administrations have done this, but the Obama/Biden (particularly Biden) administration have made it into an art form. With Biden it’s very much for *personal* freaking benefit, too. Yeah, let’s just stop talking about Hunter. How anyone sane with eyes could NOT see that being a ‘staunch democrat’ is being on the wrong damn side of history at this point is literally gobsmacking in 2024. Nice bubble you live in, ‘Wally’. 🙄
Wally,
As a “staunch” Democrat, you are part of the problem.
Life long Democrats like Bill Maher, Elon Musk, James Carville, the good professor and even my own sister, see the Democrat party for what it has become: corruption, fascists, and as Maher and Carville agreed, insane and stupid.
What the good professor has been trying to point out and warn everyone is how his party looks, speaks and acts as the party of 1930s Germany, Mao’s Cultural Revolution, and even modern day Iran.
For the party of woke, you need to wake up.
A few years ago I decided never again to vote for any Democrat, no matter how capable they might appear. I have no regrets.
@Daniel
I did too, and I haven’t, and won’t, ever again. And I used to.
I do the same with Republicans. I have no regrets either.
@Anonymous
Then you must be insanely privileged. And additionally, not voting for democrats does not automatically equal ‘voting for republicans’ except to the most puerile and myopic of thinkers.
Daniel,
My sister is coming around to that point.
She is at a loss as how the Democrat party has become so insane and stupid. The level of antisemitism within the party.
I, for one, cannot trust Democrats when the continually demonstrate hypocrisy with complete adherence to partisan stands. None appear to have the ability to be objective. All appear to have the ability to lie and gaslight the public. No shame, no conscience, just “whatever it takes,” and “the end justifies the means.” Are there any honest Democrats?
This one is easy. While Republicans have their own problems, the primary modus operandi of Democrats is to ALWAYS put party over country. This has led to these many short sighted actions on their part. Unfortunately they will not change.
it can change…..by DEFUNDING IT
Today Democrats get MORE money the WORSE they make it.
Camden NJ failure for 60 years…MORE Federal MONEY!
Everyone knowns pushing drugs will kill people, suicide, make failed lives….Democrats look at this as a SPENDING opportunity for Federal Aid!
Illegals…Federal Aid!
BLM burns your city to the ground…Federal Aid!
see the point?
Dan,
I agree.
When a party no longer represents their voters, it is the voters right to seek a party or person who does.
That goes for either Democrats or Republicans.
I firmly believe the Demotardic Party filed ethical bankruptcy eons ago, but I do enjoy watching the party of racism implode.