Tipsheet

House Committee Chairmen Reaffirm: No Special Treatment for Hunter Biden

Rebecca Downs
Rebecca Downs  |  December 01, 2023 5:00 PM

On Tuesday, as Katie covered, Hunter Biden presented an offer to the House Oversight Committee to provide open door testimony, in response to Chairman James Comer's (R-KY) subpoena for closed door testimony on December 13. That same day, Comer turned down the offer, though, making clear it "won’t stand with House Republicans." On Friday, Comer reaffirmed that decision in a letter he wrote with House Judiciary Chairman Jim Jordan (R-OH) that was sent to Abbe Lowell, the first son's attorney. 

As the letter reminds, "this testimony will occur initially in a deposition setting, as has been the consistent practice of Committees of the House of Representatives in recent Congresses—during both Republican and Democrat majorities—as well as these Committees during this inquiry." There is a sort of 'stay tuned' element, though, as the chairmen also tell Lowell they "also appreciate your confirmation that Mr. Biden is willing to testify at a public hearing. We look forward to his testimony in a hearing at the appropriate time."

In addition to clearing up the point about the hearing, though, Comer and Jordan's letter also seeks to respond to "several baseless and misleading assertions" in a letter from Lowell that they feel "compelled to clarify."

For one, Lowell's letter even "implies that the Committees have no valid legislative purpose for these subpoenas," which Jordan and Comer make clear is "incorrect," especially since the Supreme Court has recognized such power. As the letter reminds, at the heart of these investigations involves whether there is enough evidence to draft articles of impeachment against President Joe Biden. An impeachment inquiry was announced by then Speaker Kevin McCarthy (R-CA) in September. 

"As we have explained, the Committees require Mr. Biden’s testimony to inform potential legislative reforms relating to federal ethics and financial disclosure laws," the chairmen wrote, as if this investigation hasn't been going on for some time now. "In addition, the Committees are investigating whether sufficient grounds exist to draft articles of impeachment against President Biden based on evidence received to date showing that President Biden was aware of at least some of his family’s business ventures and sought to influence potential business deals that financially benefited his family."

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It looks like Lowell and his client need plenty of reminding, though, given that Comer and Jordan also write that Lowell suggests "there is no evidence to support a finding that Mr. Biden’s business dealings implicate the official actions of his father." "[t]his is contrary to the facts already established through the investigation." What followed was a brief summary of the investigation thus far, especially when it comes to the closed door testimony of Devon Archer, a former business associate of Hunter, who refererred to the Biden "brand." 

As they wrote:

As we have detailed in the memorandum explaining the scope of the impeachment inquiry, witnesses have testified not only that Mr. Biden sold the Biden “brand,” but also to how Mr. Biden placed his father on speaker phone twenty times with business associates, and how he introduced his father in-person during business meetings with foreign business partners. Furthermore, records from an FBI confidential human source detailed a bribery scheme in which President Biden allegedly participated with his son. Despite your bluster, the evidence remains undisputed.

Comer and Jordan continue to make clear that they know what Lowell's letter is, and they're not going to stand for it. "Your letter is merely an extension of your coordinated campaign to discredit the allegations against Mr. Biden, distort the truth, and attack the integrity of witnesses against Mr. Biden," they write. Also mentioned are the way in which Hunter Biden's attorneys have smeared IRS whistleblower agents Gary Shapley and Joe Ziegler. 

In case there was any question about whether the committees would allow for Hunter Biden to get away with such stunts, and whther the chairmen see such attempts for what they are, the letter towards its conclusion makes that quite clear.

"Your attempts to now bully and intimidate the Committees will not stand. Mr. Biden’s attempt to avoid sitting for a deposition pursuant to the terms of the subpoenas—by offering instead to testify at a public hearing—amounts to a demand that he receive special treatment from the Committees. Mr. Biden will not succeed in attempting to dictate to the Committees how they conduct their investigation. The subpoenas Mr. Biden has received compel him to appear before the Committees for a deposition; they are not mere suggestions open to Mr. Biden’s interpretation or preference."

The chairmen note that granting such requets would not only be special treatment based on Committee standards and procedures, but also because other witnesses "are also cooperating with our subpoenas and not demanding a public hearing first. Mr. Biden seems to believe that he should be treated differently than other witnesses before the Committees."

For those looking look forward to seeing the testimony, the chairmen have something for them too. 

"Nonetheless, if it helps to alleviate your stated concerns, you should be aware that, consistent with House and Committee rules and practice, we intend to videotape the deposition and release the deposition transcript soon after its completion," they write to Lowell.

The letter notes that Lowell is to confirm his client's appearance at the deposition by December 4. Hunter Biden and his attorneys are not the ones calling the shots here, and it would be smart if they acted like it.

Comer and Jordan's letter also comes as The New York Post reported that the White House is stonewalling the investigations, despite a memo laughably claiming that they've been cooperating. 

According to the report, citing a "source familiar with Comer’s remarks during a closed-door meeting of Republican lawmakers," Comer "told colleagues that his panel has received just 14 out of about 82,000 pages of Biden’s vice presidential emails known to exist." The chairman "also accused Biden of repeatedly lying about his contacts with his relatives’ business associates, as well as about his family’s income from China, and said the White House has not complied with requests to interview an array of current and former officials."