Hunter Biden says Republican subpoena invalid but he is still open to answering questions in public

By Paula Reid and Annie Grayer, CNN

Hunter Biden attorney Abbe Lowell sent a letter House Republicans on Friday arguing that subpoenas they sent the president’s son in November are legally invalid, because they were issued before the full House authorized an impeachment inquiry on December 13, 2023.

The letter cites a Trump-era Office of Legal Counsel opinion that subpoenas issued before the House authorized inquiry in which the subpoenas are based are not enforceable.

Biden’s lawyers said they would accept service of a new subpoena.

“[N]ow 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,” Lowell wrote.

But a footnote at the bottom of the page implies that that cooperation would only extend to public proceedings and suggested the “basis” for their discussion of what comes next could be a “procedure for a hybrid process-a public deposition/hearing with alternating rounds of questions for Republicans and Democrats, and with similar rules (e.g., role of counsel in questioning), as is done in a closed-door deposition.”

Following the letter Friday, House Oversight Committee Chairman James Comer and House Judiciary Chairman Jim Jordan said in a joint statement that they will continue to move forward with holding Hunter Biden in criminal contempt of Congress until the president’s son schedules a closed-door deposition.

“For now, the House of Representatives will move forward with holding Hunter Biden in contempt of Congress until such time that Hunter Biden confirms a date to appear for a private deposition in accordance with his legal obligation,” Comer and Jordan wrote.

“While we will work to schedule a deposition date, we will not tolerate any additional stunts or delay from Hunter Biden,” they added.

Republicans have insisted that Hunter Biden sit for a closed-door session before they would hold public proceedings. This was a concept initially proposed by a Democrat in the House Judiciary Committee that failed but four Republicans voted for it.

Hunter Biden’s lawyers have previously said their client is willing to testify in a public hearing and expressed concerns that any closed-doors proceedings could result in selective leaks from Republicans.

House Republicans have been moving to hold Biden in contempt of Congress with committee action this week. The resolution passed out of committees on Wednesday and is expected to hit the floor next week.

Biden, along with his lawyers, has gone to Capitol Hill twice in the past two months – first to hold a brief news conference reiterating his willingness to answer questions in a public setting and again this week to attend the committee vote on holding him in contempt.

Rep. Jamie Raskin of Maryland, the top Democrat on the House Oversight Committee, said: “Hunter Biden is giving Republicans exactly what they have been demanding this week. In a letter today he has offered to appear for a ‘hearing or deposition.’ It is time for Chairs Comer and Jordan to call off this truly absurd and wasteful contempt proceeding and finally take yes for an answer, which Chair Jordan already said he would ‘certainly’ do.”

This story has been updated with additional developments.

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