Hunter Biden lawyers say they will 'comply for a hearing or deposition' if House panels issue new subpoena

FIRST ON FOX: Hunter Biden's attorney Abbe Lowell told the House Oversight and House Judiciary Committees on Friday that if a new subpoena is issued under the "duly authorized impeachment inquiry," the first son "will comply for a hearing or deposition." 

The House Oversight and Judiciary Committees this week formally recommended to hold Hunter Biden in contempt of Congress, after he defied congressional subpoenas for a closed-door deposition as part of the House impeachment inquiry against President Biden. 

HOUSE RULES COMMITTEE TO CONSIDER HUNTER BIDEN CONTEMPT RESOLUTIONS NEXT WEEK, SETTING UP FLOOR VOTE

Hunter Biden, flanked by attorneys Abbe Lowell, right, and Kevin Morris, attend the House Oversight and Accountability Committee markup titled "Resolution Recommending That the House of Representatives Find Robert Hunter Biden in Contempt of Congress" in the Rayburn Building in Washington, D.C., on Wednesday. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

But Lowell penned a letter to the committees on Friday, saying the initial subpoenas were "legally invalid" as they were issued before the full House of Representatives voted to formalize the impeachment inquiry against the president. 

"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," Lowell wrote. "We will accept such a subpoena on Mr. Biden's behalf." 

Lowell's offer comes ahead of a House Rules Committee meeting on Tuesday, where lawmakers will prepare a contempt of Congress resolution. Once prepared, it will set up a full floor vote on whether to recommend the first son for prosecution on the matter. 

Sources told Fox News Digital a full House vote on the matter could come as early as Wednesday. 

Lowell, in a footnote, states that "Rep. Glenn Ivey suggested 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." 

HOUSE COMMITTEES FORMALLY RECOMMEND TO HOLD HUNTER BIDEN IN CONTEMPT OF CONGRESS

"Four Republicans actually voted in committee in support of this process," the footnote states. "Perhaps that could be the basis for our discussion." 

Reacting to Lowell's offer, House Oversight Committee Ranking Member Jamie Raskin, D-Md., said Hunter Biden "is giving Republicans exactly what they have been demanding this week." 

"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," Raskin said.  

Hunter Biden made a surprise appearance at the House Oversight Committee markup with his attorneys Abbe Lowell and Kevin Morris. Biden and his attorneys ultimately left the markup session before the vote on the resolution. 

Hunter Biden, ahead of his subpoenaed deposition on Dec. 13, had offered to testify publicly. House Oversight Committee Chairman James Comer, R-Ky., and Judiciary Committee Chairman Jim Jordan, R-Ohio, rejected his request, stressing that the first son would not have special treatment and pointed to the dozens of other witnesses who have appeared, as compelled, for their interviews and depositions. Comer and Jordan vowed to release the transcript of Hunter Biden’s deposition.

The first son, though, defied the subpoena, ignored the offer and delivered a public statement outside the Capitol. At the time, he said his father "was not financially involved in my business." 

Rep. James Comer, R-Ky., departs the House Committee on Ways and Means in the Longworth House Office Building in Washington, D.C., after the Republican conference voted to nominate Rep. Mike Johnson, R-La., to be Speaker of the House on Oct. 24, 2023. (Anna Rose Layden/Getty Images)

Comer said Wednesday that Hunter Biden "blantantly defied two lawful subpoenas." 

"Hunter Biden’s willful refusal to comply with the committees’ subpoenas is a criminal act" that "constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution as prescribed by law," he said.

HOUSE GOP SAYS HUNTER BIDEN ‘VIOLATED FEDERAL LAW' BY DEFYING SUBPOENA, PREPARE CONTEMPT RESOLUTION

"We will not provide Hunter Biden with special treatment because of his last name," Comer said. "All Americans must be treated equally under the law. And that includes the Bidens." 

Rep. Jim Jordan, R-Ohio, holds a press conference at the U.S. Capitol in Washington, D.C., on Oct. 20, 2023. (Drew Angerer/Getty Images)

Lowell's offer also comes after Hunter Biden on Thursday pleaded not guilty to all federal tax charges stemming from Special Counsel David Weiss's investigation. Hunter Biden also pleaded not guilty in September to all federal gun charges from Weiss' probe. 

Meanwhile, the White House refused to answer questions on whether it was told in advance that Hunter Biden would attend the House Oversight's markup session on Wednesday. 

"So here's what I'll say. And I've said this many times before: Hunter, as you all know, as a private citizen, he's not a member of this White House," White House press secretary Karine Jean-Pierre said. "He makes his own decisions, like he did today about how to respond to Congress."

She went on to refer "any further questions, any additional questions about this process" to Hunter Biden’s attorneys.

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When pressed again on whether the White House was informed in advance, Jean-Pierre said, "I don’t have anything — we don’t have anything else to share beyond that."

Last month, Comer and Jordan expanded their investigation to probe whether President Biden was involved in his son's "scheme" to defy his subpoena for deposition, which, they say, "could constitute an impeachable offense."