Below is my column in The Hill on Hunter Biden’s sudden offer to appear for testimony in Congress. Biden’s demand for a second “valid subpoena” presents institutional considerations that weigh against yielding to the condition for testimony. This was a valid subpoena issued by multiple committees with independent subpoena authority. Few members relish Hunter and his team turning them into dancing bears for their public amusement. The contempt of Congress is already a completed act for Hunter. Even if he were to testify, he knowingly and publicly committed this violation. I imagine that his team has already seriously laid out an option for Hunter to agree to appear and take the Fifth. If he choses to testify at a deposition, he is looking at one of the most perilous stages of this scandal. Otherwise, he may hope that his last minute change will give the Justice Department, yet again, cover for declining to act. [Update: there are reports that the House will not call Hunter’s bluff and may issue a new subpoena as demanded.]
Here is the column:
This week, after weeks of Hunter mocking the House over its subpoena for a deposition, the House Oversight Committee voted to hold him in contempt. Now facing a referral for prosecution, Hunter declared that he might belatedly comply to avoid a prosecution.
Hunter is nothing if not consistent. As with his taxes and other federal violations, Hunter is asking for a mulligan just before a possible indictment. For decades, Hunter has conveyed an attitude that laws do not apply to him or to other Biden family members. After all, as his father once said, “no one f**ks with a Biden.”
Since he was a young man, Hunter seems to have been told that he lives a life of privilege that entitles him to considerations denied to others. Indeed, in Washington, it was an open joke when Hunter was put on the Amtrak board and later made its vice chair. When pressed on his lack of credentials for the position, Democratic Senator Tom Carper of Delaware quipped that “Hunter Biden has spent a lot of time on Amtrak trains.”
It appears that nothing is quite so funny as open nepotism in Washington.
Not surprisingly, Hunter’s life of entitlement would lead to a life of excess and debauchery. He was one of Washington’s noble class, a scion of a political dynasty. In time, he would be brought into the family business of influence-peddling with his uncles. For decades, the Bidens have been accused of selling access and influence to Joe Biden.
When things got legally difficult, Hunter could count on government guardians. When he lost his gun in 2018, Secret Service agents appeared at a gun shop to demand all records of his purchase. (Those records would later become the basis for the current gun charges against him.)
When Hunter lost his laptop, containing hundreds of incriminating files showing everything from influence peddling to alleged human trafficking, FBI agents showed up at the computer shop and reportedly conveyed an intimidating message to the owner not to speak to anyone.
When years of news reports forced the Justice Department to investigate some of these crimes, the Justice Department sat on the case until the most serious tax violations from 2014 to 2015 expired under the statute of limitations. It did so despite internal objections that the period for prosecution could easily be extended.
The Justice Department then sought a plea bargain so absurdly generous that it fell apart in open court, with a prosecutor admitting to the judge that he had never seen any deal like it. Notably, the cause for the collapse was an immunity agreement so obscene that no one other than a Biden would demand it, let alone get it.
Throughout this history, one thing has been consistent. Hunter has received and seems to feel entitled to legal mulligans that no other citizen could reasonably expect. It is the very meaning of “privilege” that many Democrats in Washington denounce on a weekly basis.
We are not the only country with such a privileged class of scions. In China, the children of powerful leaders who live lavish lives are called the “red nobility” or “communist princelings.”
Yet, even in Washington, many were floored by the display of absolute entitlement when Hunter appeared with his counsel Abbe Lowell outside of Congress at the time of his scheduled deposition. Hunter mocked the House and refused to go inside, insisting that he would only agree to give testimony on his own terms.
For those of us who have been writing about the Hunter and the Bidens for decades, it was not in the least surprising. His conduct on taxes showed the utter lack of concern over any obligations owed to the government. In a sense, his family is the government.
As the Justice Department noted in its tax charges, Hunter spent his money on “drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes.”
When the IRS finally moved toward prosecution, a democratic donor named Kevin Morris reportedly gave him millions to cover his taxes and lavish lifestyle, even though he had only been introduced to Hunter at a Democratic fundraiser not long before.
Then, without a hint of irony, Hunter and Lowell guffawed at the notion of any prosecution because “Hunter paid his taxes.”
He is now applying the same logic to the crime of contempt. After his defiant presser on the steps of the Capitol, Hunter crashed the hearing for the vote on his contempt. By his side was Morris, who is now shooting scenes for a movie about Hunter — presumably a real-life version of “Mr. Smith Goes to Washington” where the corrupt establishment actually wins.
The stunt caused pandemonium and infuriated members of Congress. Hunter demanded that they yield to his demands. Once again, Democrats unanimously voted to protect him, even though they had demanded the same depositions in the past.
Indeed, President Biden himself said that such defiance could never be tolerated in others. When asked about Trump supporters defying subpoenas he declared, “I hope that the committee goes after them and holds them accountable criminally.”
Those people, however, are not Bidens.
When the committee approved the contempt resolution and sent it to the floor, some of us speculated that Hunter would again demand a mulligan, just before any prosecution.
That is precisely what he did. Lowell told the House that the president’s son would deign to appear in a deposition if they re-issued a “valid” subpoena. It is the legal version of when Hunter instructed ABC News reporter Amy Robach to “say it nicer” when she dared to ask him uncomfortable questions.
Hunter is now effectively telling Congress to “say it nicer,” and he just might appear. The problem is that the original subpoena was valid, and Congress does not have to ask a second time. There are no mulligans when it comes to criminal contempt.
It is likely that Hunter and his counsel expect that the fix is in, again, at the Justice Department. Given his last-minute offer (as when he paid his taxes at the last minute), Hunter no doubt hopes the Justice Department will decline to prosecute.
For Hunter, it is not about the fact that he committed a crime. That is for ordinary people. It is about being a Biden, and being entitled to a lifetime of mulligans.
Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School.
Comer and Jordan say they will issue new subpoenas. There will be no contempt of Congress, unless he decides not to show up again. If he does show up, he will say nothing. This is all for show.
If he shows up and invokes the 5th, he will not be in contempt of Congress. There’s no way to know for certain whether that’s what he’ll do.
Daniel,
I am inclined to agree with you.
Communist Princelings!
What a great name tag. I’ll start the list.
1 – Naturally, Hunter Biden
2 – Andrew Cuomo
3 – Liz Cheney ( I’m starting to believe that Uni-Party insiders are the same as Communists )
I just accept the GOPe crowd are the Washington Generals, to the dems Globetrotters. They show up, appear to play, and collect their cut of the grift.
Dear Prof Turley,
Don’t forget Hunter Biden’s ability to forever hold a grudge sitting next to his father. The nut doesn’t fall far from that tree. Sitting next to his father, Hunter will expect a full retraction of your slanderous libel. .. and that means today.
I’m still puzzled why Hunter, his lawyer and his generous biographer showed up at his ‘contempt of congress’ hearing? Surely, blatantly mocking a contempt of congress hearing is not a sound legal strategy in such doings? What does Merrick Garland say?
Judge Judy says the only opinion that matters is hers .. . but she has no balls.
*Rep. Mace has no balls, but at least she knows if you cut a man, and issue a valid subpoena, he will cry out!
its hard to imagine you disgracing yourself and acting more puerile than you usually do. Yet here you are reminding young readers not to become an old retired fool and act like an idiot in his latter years. Well done
bug
The Anonymous bug sez: its hard to imagine you disgracing yourself and acting more puerile than you usually do.
It’s not hard to see that The Anonymous Bug once again has arrived here on the Soviet Democrats’ short bus. Somebody needs to tell it’s Mama to stop giving The Anonymous Bug her hair dryer, vibrator collection, and the kitchen toaster (with extension cord attached) for his bath toys.
@anonymous .. . if that’s your real name.
You must be a stranger here. Prof Turley’s blog is not known for its quaint etiquette.
Still, it’s hard to imagine anything more puerile than that ‘contempt of congress’ hearing. Just wanted to get it all out in the open .. . lest any impressionable young readers wind up like him/her Hunter Biden!
Hunter is writing checks his balls can’t cover.
*bahhummingbug
You learned a new word! Cool!
Fani Willis is channeling Hunter Biden:
“You cannot expect Black women to be perfect and save the world,” Willis said. “We need to be allowed to stumble. We need grace.” “We are all flawed, sinners, unworthy, imperfect, damaged…But we are qualified upon His calling,”
Jesus will forgive you if He calls you to Heaven. In the meanwhile, on Earth the enemies you created will deal with you in the proportion you dealt with others. Rots of Ruck
🤣
Willis has serious Problems. She failed to use the proper number of cut-outs. 0. the proper number is always more than zero. She will have to be made an example of.
Of course this gives a case that never had a chance, an excuse to evaporate. Of course the reason is? . . .Racism! Who had that on their bingo card?
Well, common sense and previous history would suggest that congress can and do hold people to account and can do so even if they are private citizens. The previous years of the House Unamerican Activities committee, destroyed lives and was a stain on congress. It, of course, depends on the crime suspected and the actions of the individual involved. Hardly earth shattering information. There is nothing more that I would love to see than Hunter Biden with his contemptuous attitude and blatant privilege hoisted on a pole alongside a highway that enters Washington D.C. Followed every mile or so by another Biden official or Justice Dept. zampolit. Followed by Myorkas, many of the joint chiefs of staff, Mitch McConnell, Paul Ryan, Obama and others that have been driving this same bus.
Quoting from “Excalibur”. “It is a dream I have.” Too bad it will never come true but I can hope.
Professor Turley states: “Few [Congressional committee] members relish Hunter and his team turning them into dancing bears for their public amusement. The contempt of Congress is already a completed act for Hunter.”
Thank you, Professor, for reminding us of the sequential and cumulative display of Hunter’s “privileges.” I’d already forgotten some of this.
In law, jurists (and lawyers) speak about the danger of setting precedent. Turning serious Congressional activity into “public amusement,” like watching daily soap operas, could be the real danger, -not little Hunter.
(of course, jurists are lawyers too…I should have said,”jurists and litigators”)
Now…. now. Uncle Merrick Garland will work all of this out. Garland will invoke the now infamous James Comey “classified document rule” as Comey did for Hillary Clinton’s destruction of emails under congressional subpoena. Garland will find that little Biden didn’t INTEND to violate the subpoena so there’s really no violation of the statute. Nothing to see here Jonathan.
Let the band play on. According to polls, 40-45% of americans will re-elect the crime family so few really care. This behavior is offensive to some, but most are too concerned about other things – inflation, immigration, threat of a world war. Let hunter play his games and see how far he can stretch this. In his own way, a remorseful son is now showing signs of respect. After all, he didn’t moon congress when he was there, so the democrats who were present are satisfied. It’s just business as usual. And America gets exactly what it deserves. build back better.
This is further evidence that Joe Biden will not be the presidential candidate for 2024. If he were a viable candidate or if he had a shred of decency, he would put an immediate stop to this. The Democratic Party is about to deep six Joe’s career and there will be the mystery candidate introduced at the convention (Michelle Obama). In the meantime, just incase they don’t win in 2024, they will do as much damage as possible on their way out and will incite riots afterward.
Many years from now archivists and historians will sift through the subterfuge and propaganda and the truth will be learned. It will not be a kind assessment. For now, expect a lot of noise and confusion.
E.M.: … if only wishing could make it come true…..
Look, the DNC is so corrupt, all the way to their core, that — just as one example — they moved the South Carolina primary to be ‘first’ and then, to top it off, it’s all mail-in ballots. (Reminding us all of how we became stuck with this doddering idiot in the first place.)
The Biden Fix is already in.
“Team Hunter’s”* latest two stunts are remarkably ignorant. 1st showing up unannounced at the Contempt Hearing that was an orchestrated trap-trick that Rep. Dan Goldman set up didn’t work as planned. The idea was to get Hunter in front of the Committee and trick Them into a “Vote on the Spot right then and there” to depose Hunter in an publicly open meeting. (Didn’t Work Goldman). And now his Team decrees that the Committee(s) issue ‘Another New Subpoena to invalidate timing of expiring issues and burn the clock down.
He violated a perfectly good Subpoena, and has flaunted the Committee three times (1. At the Capitol, 2. Unannounced appearance, 3. Reissue demands).
The good and valid reason for the Committee wanting Hunter to testify behind closed doors is that, Questions can be asked that would involve National Security Issues and Foreign Policy Issues, of which, could not be aired at a Open Door Public Hearing. -That is It- The Committee is correct in it’s procedural duty.
Time to lock this Guy up in a Cell until he talks or he pulls a Jeffery Epstein. Nelson Mandela lived through his lock-up, if Hunter feels so dedicated to his cause, he can too.
* Because I can not get my head around the Idea that Hunter came up with these antics on his own, and ditto for his Father, and much alike Team Michael Cohen.
Committee Questions to Hunter Biden:
Q. When and Where were you when you learned there was going to be conflict between Ukraine and Russian?
A. On Air Force One around the time the CIA and Dad cut a deal for Volodymyr Zelenskyy to become President.
Q. How did you become involved with Chinese Oil interest?
A. When I ordered Moo Goo Gai Pan take-out from Schezwan Palace.
Q. Who gave security clearances for the Russian Hookers whom services were rendered?
A. Ah I don’t know, it was a setup by Comey thingy.
Q. What exactly did you mean when you said: “10 percent for the Big Guy”?
A. Ahhhh Which Big Guy you talking about?
…
[This is a Parody] – You’d better believe this whole side-show is –
Question #1
Who did you and Zlochevsky call from Dubai?
If he pleads the 5th, you end the hearing and order the Sargeant at Arms to retain him pending trial by the full House for contempt of congress. When he is found guilty, you throw him in jail.
Let him stick that in his documentary
I think Hunter is facing the same stiff penalty as Hillary received.
Lock him up.
Let’s face it….the “Fix” is certainly “in” at the DOJ.
It is called the Attorney General named Merrick Garland .
Garland shall do exactly what he is instructed to do by those actually in control and it is not Joe Biden.
Hunter shall not see the inside of a Federal Prison no matter what crime he commits.
Even if he is prosecuted and convicted his Daddy shall Pardon him.
The one question Hunter has to answer…..does Daddy want to be President more than he does an Ex-President who pardoned his Son and had to step down from Office for doing so.
How does Daddy buy Hunter’s silence is the question that has to be determined.
Ralph, he will pardon him the day after the election.
Nfpnone is svelaz/turdrunner/lawn boy trolling after being banned.
Just a side note.
Hunter may be clean for a while. But unless he as a major change in attitude, he is destined to die of his addictions. Holding these resentments is deadly for an addict
An insurrection is resolved through Capitol (sic) punishment, denial of civil rights, or cancelation in Democratic districts.
Throw his a$$ in the clink for contempt. He’s no better than anyone else who defies a subpoena. Also, someone needs to investigate the decision not to pursue the tax charges before the Statute of Limitations expired. Sounds to me like an abuse of discretion.
Joe DeGenova, the former US Attorney for the District of Columbia stated this morning that last week’s circus was staged for a documentary being filmed to make Hunter look like a saint being tormented by the big bad MAGA Republicans. Joe said that following the disasterous show at the Capitol, Abbe Lowell, Hunter’s lawyer, received a call from an unnamed “White House Counsel” who read him the riot act and told him to stop the antics, that they were backfiring on the President who was being hounded by the media demanding to know about his son – not about the president’s so-called fine record, etc. This, according to DeGenova, caused Lowell to issue a statement later in the day that the appearance earlier at the House notwithstanding, Hunter would now comply with a new subpoena. DeGenova opined that he likely will take the Fifth, which is what he should have done in the first place and avoided this serious disruption to his father’s campaign. Hunter has made just aboiut every bad decision in life that someone can make and we should not be surprised that anything’s changed because he now wears a suit and tie and travels with Secret Service protection. If there is anything good to be said for Hunter, it’s that his antics may just take down the most corrupt and incompetent regime ever to hold power in America.
Why is it that you people can’t understand that Congress has absolutely no authority over anyone who is not serving in the government, and their authority over those serving in our government is limited to removal from office and prohibiting them from holding any office under the United States in the future.
I work in private industry. So when someone with a subpoena from Congress shows up at my door, I can say “thanks, but no thanks?”
I think I will go elsewhere for legal advice.
Why is it that you people can’t understand
Gosh, I guess Bannon has some bad lawyers. They, (and the judges) did not know congressional subpoenas were worthless.
Why is it that you people can’t understand that Congress has absolutely no authority over anyone who is not serving in the government,
I see the disconnect here. Congressional subpoenas are enforcable by the DoJ.
What you mean, is Congress has no power to prosecute. . True, Separation of powers controls.
It is either ignorance of just a lying troll.
This article only speaks about the Clown Hunter, claiming he was not required to respond to a subpoena. The law has been used to prosecute people refusing to respond to a Congressional Committee.
The Committee is going to re issue the subpoena and Hunter will show up and will exercise his 5th amendment rights.
Honestly Republicans are such squishes. The thing to do is honor his promise to testify and answer all questions in public. I would restructure the hearing like the did for the woman lying about Kavanaugh. Lawyers asking questions for 5 minutes. No Congress persons would be allowed speak. No opening statements by the committee, or Hunter.
If I were Comer I would use the Pelosi rule and kick several of the Dems off the committee because they only offer to disprupt.