Hunter Biden concedes after contempt resolutions pass, but his lawyer argues current subpoenas are 'legally invalid'

Hunter Biden is reversing course, telling House Republicans he will sit for a closed-door deposition.

In a letter written to House Oversight Committee Chairman James Comer (R) and House Judiciary Committee Jim Jordan (R), Hunter's attorney said his client will provide his testimony for a deposition — only if the lawmakers issue new subpoenas.

According to attorney Abbe Lowell, the current subpoenas — which Hunter defied, resulting in both House committees passing contempt resolutions — are "legally invalid."

"I write to make you aware (if you are not already) that your subpoenas were and are legally invalid and cannot form a legal basis to proceed with your misdirected and impermissible contempt resolution. And you two, of all people, should know that is the case," Lowell wrote in an eight-page letter on Friday.

Essentially, Lowell argued the subpoenas are not enforceable because they were issued before the House initiated an official impeachment inquiry into President Joe Biden. The subpoenas were issued in November, while the impeachment inquiry was opened in mid-December, more than a month later.

This may sound like Hunter is, once again, trying to dictate the rules for his testimony. Previously, he committed to testify before a public hearing only — despite the subpoenas requiring him to sit for a closed-door deposition.

But, unfortunately for Republicans, there is recent legal precedent supporting Lowell's argument.

In 2019, the Democrat-controlled House issued subpoenas related to their investigation of then-President Donald Trump before holding a House vote to open an official impeachment inquiry. The Justice Department's Office of Legal Counsel later issued a report noting the "subpoena first, impeachment inquiry resolution second" process was backward and legally improper, according to Lowell.

Therefore, Hunter will only comply if the committees issue new subpoenas, Lowell said.

"If you issue a new proper subpoena, now that there is a duly authorized impeachment inquiry, Mr. Biden will comply for a hearing or deposition," he wrote in the letter.

The House is scheduled to vote on the contempt resolutions next week. If they pass, the Justice Department will have the final say whether or not Hunter is prosecuted.

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