Hunter Biden heads to court after sparks fly in Congress over contempt, impeachment proceedings

Hunter Biden heads to federal court on Thursday to make a plea to nine charges alleging he engaged in a multiyear scheme to evade paying taxes.

The appearance in U.S. District Court in Los Angeles comes after the first son appeared halfway across the country in the U.S. Capitol to watch House Republicans on Wednesday advance resolutions to hold him in contempt of Congress for refusing to attend a transcribed interview last month as required by subpoena.

The surprise visit to the House Oversight Committee hearing capped an action-packed day on Capitol Hill where Democrats and Republicans sparred intensely over the contempt proceedings as well as the first hearing on the impeachment of Homeland Security Alejandro Mayorkas. Adding to the drama: ongoing negotiations over the federal budget as the clock ticks toward a government shutdown.

Here are the highlights:

Contempt charges

The House GOP is investigating President Biden's possible role in foreign business dealings involving his son Hunter and his brother James. 

The House Judiciary Committee voted 23-14 to advance a resolution to hold Biden in contempt after he came to Capitol Hill in December to make a public statement but chose not show up for a private deposition.

Hunter made a surprise the hearing on Wednesday and sat in the audience. While Hunter was in the hearing room, Rep. Nancy Mace, R-S.C., said he didn't have "the balls" to testify.

“My first question is who bribed Hunter Biden to be here today? That’s my first question. Second question, you are the epitome of white privilege. Coming into the Oversight Committee, spitting in our face, ignoring a Congressional subpoena to be deposed. What are you afraid of? You have no balls to come up here,” Mace said.

Democrats criticized Mace's "white privilege" comment. In defense of her statements, Mace said she served as a ranking member of the Civil Rights and Civil Liberties Subcommittee and her congressional district where “rich and poor is literally Black and white, Black versus white on most days.”

In response, Rep. Alexandria Ocasio-Cortez, D-N.Y., said Mace helped eliminate the Civil Rights and Civil Liberties Subcommittee when Republicans won the House majority.

During the hearing, Ocasio-Cortez said Mace's comment was “exemplary of the point that she also oversaw the elimination of the civil rights subcommittee on this committee, which really kind of gives the whole game away.”

Hunter eventually left when Rep. Marjorie Taylor Greene, R-Ga., was speaking. 

Outside the hearing room, Hunter was asked why he put his dad on speakerphone during his business meetings. In response, Hunter asked: “Do you have a dad? Does he call you? Do you answer the phone?”

Lawyer Jonathan Turley responded to this exchange on his X account.

"Hunter asked 'do you have a dad?' Well, yes, but few of us get calls in meetings and then put them on speaker for all to share the parental moment," he wrote.

President Biden had often denied ever having any contacts with Hunter's business associates. That turned out to be not true.

Arraignment

Hunter Biden is due to appear in federal court in Los Angeles to offer a plea to three felony charges, and six misdemeanors alleging he participated in a years-long scheme to evade paying taxes while diverting money to drugs, sex clubs, and other exorbitant activities.

The indictment late last year came after a judge rejected an earlier plea deal that would’ve spared the first son time in prison.

Hunter Biden now faces a maximum of 17 years in prison on the tax charges plus additional time on charges in Delaware alleging gun violations.

He and his lawyers have tried to portray the prosecution by a special counsel approved by his father‘s Justice Department as part of a political persecution. Prosecutors offer a different portrait of businessman who chose to skip paying taxes to fund a rich lifestyle.

Mayorkas impeachment

While the hearing on the contempt charges against Hunter took place, Homeland Security Committee Chairman Mark Green, R-Tenn., held the first hearing on the impeachment of Mayorkas. 

Green said the Biden administration's border policies such as "catch and release" are being "exploited" by the cartels and Mayorkas hasn't changed course.

"This crisis has been intentional. Secretary Mayorkas was made aware of testimony given by President Biden’s Attorney General Merrick Garland where the AG admitted the current policies are being exploited by the cartels," Green said. "Yet Secretary Mayorkas turns around and implements additional policies to expand the catch and release measures empowering the cartels and killing Americans.  After nearly three years of watching this unfold, what other conclusion is there but that this is an intentional crisis?"

According to Green, the Biden administration's detention policy has been "release unless there's a compelling reason not to."

Green said there has been 6.7 million encounters with migrants at the southwest border alone under the Biden Administration.

"I wish that our government was enforcing the laws passed by Congress and doing its job to keep the American people safe. Unfortunately, Secretary Mayorkas has done none of those things," he said.

Democratic committee members argued that impeachment of Mayorkas was not justified. Ranking member Bennie Thompson, D-Miss., described the hearing as a "political stunt."

Frank O. Bowman, professor emeritus of law at the University of Missouri School of Law, who was the Democrats' witness at the hearing, said disagreement with the administration's policies doesn't warrant impeaching a cabinet official. 

Republicans disagreed and argued that Mayorkas is not enforcing the law and failing the secure the border.

Rep. August Pfluger, R-Texas, argued that the secretary hasn't secured the nation against terrorism, criminal gangs, fentanyl, or other national security threats threats. 

Pfluger said Mayorkas has not been able to explain to the committee what his department's policy is for detaining suspected terrorists who encountered at the border. He said the committee still has not been informed of the status of the suspected terrorists caught at the border. At a previous hearing, Mayorkas did not say if the suspected terrorists encountered at the border were deported. 

"This is the reason that we're having this hearing," he said. "He couldn't explain his policy."

Austin Knudsen, attorney general of Montana; Gentner Drummond, attorney general of Oklahoma; and Andrew Bailey, attorney general of Missouri, recommended at the hearing that Congress proceed with impeaching Mayorkas. 

Knudsen said the fentanyl crisis is taking a toll on his state and the Biden administration hasn't done enough to stop it from coming over the border.

Spending bill

As the House GOP pursues impeaching Mayorkas and holding Hunter Biden in contempt, GOP conference leaders are also rushing to pass a spending bill to avoid a government shutdown.

House Speaker Mike Johnson has reached a tentative spending deal with Senate Majority Leader Chuck Schumer. The deal sets a top line for domestic and military spending through September 2024 at $1.59 trillion, which is within the perimeters of the Financial Responsibility Act of 2023 – legislation that passed after former House Speaker Kevin McCarthy and President Biden struck a spending deal that raised the nation's debt ceiling. 

House and Senate conservatives have spoken out against the dealing, arguing that it doesn't do enough to reduce the deficit, given that the national debt recently surpassed $34 trillion. Senate Republican Leader Mitch McConnell said on Tuesday that Congress would likely need to pass a stop-gap continuing resolution (CR) to keep the government funded while spending negotiations continue.

Last year, Johnson committed to not passing any more CRs.

On Wednesday, Johnson predicted that Congress would avoid a government shutdown and did not rule out passing another CR.