As the investigation into Hunter Biden begins, regarding the alleged Biden influence peddling operation, Hunter’s attorneys have flat out denied Republicans' requests for records. This sets the stage for the House Oversight Committee to hold Hunter in contempt of Congress, and possibly force a subpoena for the records.
Hunter Biden’s legal team, has stayed in the spotlight, after it appeared to confirm the authenticity of his laptop in a letter- then backtracked some 24 hours later. The move was seemingly strange, yet gratuitous for Biden and his counsel Abbe Lowell, suggesting lawsuits against certain of the media, calling for criminal investigations into his critics, and even arguing that the tax-exempt status of some groups be rescinded by the IRS. It was obviously deflect, deflect, and deflect.
Lowell absolutely, refused to turn over material to Congress this week, leaving his client open to a subpoena and possible prosecution, and placing his team in a far more difficult position. This refusal to cooperate may have thrilled hardline Democrats, but it is the Republicans who should be most ecstatic, with this initial position by Hunter’s legal-council.
Declaring the oversight investigation in the Biden family's alleged influence peddling as illegitimate, Lowell has refused to turn over records related to its investigation. In a letter to House Oversight Committee Chair James Comer (R-KY), Lowell declared –
"Peddling your own inaccurate and baseless conclusions under the guise of a real investigation, turns the Committee into ‘Wonderland’ and you into the Queen of Hearts shouting, ‘sentence first, verdict after words.’"
-Abbe Lowell, Hunter Biden Attorney
As a Democratic team forms around Hunter, to attack potential witnesses, and adopt a scorched earth approach in litigation, this move takes center stage. Hunter appears to be dispensing with his prior cultivation of a tragic and besieged figure, even in personal matters. Reportedly, Hunter recently, even moved to block, one of his own daughters from using his surname.
Lowell it appears, is following the example of Steve Bannon, who was ultimately charged with contempt and convicted. Biden appears to be, replicating this same ill-considered strategy. Seemingly, while seeking to negotiate on the scope of the inquiry, he would have been better off, to turn over some material to the Committee in good faith. Apparently, that would have made too much sense.
Instead this categorical refusal, gives the Committee ample reason to issue a subpoena to obtain these records anyhow. Lowell is simply incorrect in that there is "no legislative purpose" in seeking information, on possible influence peddling by the Biden family, that could involve the President himself. Such corruption scandals have been part of congressional inquiries from the XYZ Affair to the Teapot Dome scandal. Congress even investigated Trump’s family business interests. Lowell needs to check his history.
Comer is likely to going to chagrin. at having to convince Hunter Biden of the "legitimacy" of his investigation. While the Committee will not necessarily get everything, it is likely to prevail in court, on the threshold issue of the right to such evidence, supporting the Committee's right to the records requested, relating to finance and communication.
Lowell could move backwards on his letter, as he did regarding the laptop, however, he may have little time to do so. If he maintains this position, he will have laid the foundation for the Oversight Committee to move quickly toward a subpoena and ultimately a contempt sanction. Literally, Lowell actually expedited the process for the House, shortening the calendar for possible contempt proceedings. If this matter were, to go to the courts (either as a criminal contempt matter or an enforcement matter, or both), there is now plenty of time for the Committee to prevail in securing much of this material.
After years of the Justice Department largely ignoring contempt sanctions, Garland moved aggressively to prosecute Trump figures like Bannon. Now, failure to do so with Hunter Biden, would fuel concerns over political bias at the Department. Attorney General Merrick Garland is clearly in a bad position.
“The fight for truth ... is not just our right as free citizens of free societies. It is our duty as citizens of the earth.”
-Vandana Shiva