Hunter Biden’s refusal to comply with a congressional subpoena has raised concerns among legal experts, potentially jeopardizing his legal standing. The House Oversight and Accountability Committee, led by Rep. James Comer, issued subpoenas in November to depose both Hunter and his brother James Biden regarding their business dealings. Hunter publicly defied the subpoena last week, prompting legal experts to suggest that this defiance might conflict with the pretrial release conditions related to federal charges he faces in Delaware.
Hunter Biden faces charges of falsely denying drug use when purchasing a handgun, pleading not guilty on October 3. U.S. Magistrate Judge Christopher Burke outlined conditions for Hunter’s release pending trial, including obtaining clearance for travel, refraining from illegal substances and alcohol, seeking employment, and crucially, avoiding any further legal violations.
Legal experts, such as Paul Kamenar from the National Legal and Policy Center and Hans von Spakovsky from The Heritage Foundation, warn that Hunter’s refusal to comply with the congressional subpoena could lead to a revocation of his bail. Contempt of Congress is considered a criminal violation of federal law, and Hunter’s non-compliance may be seen as a willful failure to adhere to a valid subpoena.
However, the process of holding Hunter Biden in contempt and potentially revoking his bail involves several steps. Congress must officially hold him in contempt, and even if that occurs, the Justice Department would need to consider criminal prosecution. Some experts, like former acting Attorney General Matthew Whitaker, express skepticism about the Justice Department’s willingness to prosecute given the political dynamics.
Wendy Patrick, a career trial attorney, suggests that the decision to not cooperate with Congress may not automatically violate the terms of Hunter’s pretrial release, emphasizing that these conditions are often tailored to ensure the defendant remains law-abiding until the next court date.
Despite the potential legal consequences, there are obstacles to pursuing charges against Hunter Biden, including the time-consuming nature of the legal process. Some critics, like Curtis Hill, former Indiana attorney general, argue that the situation reinforces a perception of a double standard, where the Biden family may face different rules than conservatives in similar situations. The ultimate decision on whether to revoke Hunter Biden’s bail may require special counsel David Weiss to bring the matter before the court. As of now, federal prosecutor David Weiss and Hunter Biden’s attorney, Abbe Lowell, have not provided comments on the situation.