Hunter Biden's Capitol Hill Visit Signals a Bolder Legal Approach

Hunter Biden's surprise appearance in Capitol Hill on Wednesday is a part of a new, assertive approach that his legal team, headed by attorneys Abbe Lowell and Kevin Morris, has taken to address his critics over the past year.

Hunter Biden's legal team is well aware that despite the possibility of Congress holding a contempt vote against him as soon as next week, there are limited - if any - means to impose any kind of punishment.

Congress has few ways to compel Hunter Biden to testify or hold him in contempt if he cooperates with the committee, heightening the tension surrounding his surprise appearance on Wednesday. His legal team has indicated that they consider his willingness to testify publicly on Capitol Hill as sufficient, potentially challenging Republican lawmakers who seek to question him at length.

More reasons to plead the Fifth

On Wednesday, after his unexpected appearance, Lowell criticized the Republicans' subpoena for closed-door testimony as a political "tactic" and stated that by disregarding his willingness to testify publicly, the committees show "little regard for the truth."

Recently, Bidens' power to delay congressional testimony has increased due to facing criminal tax and gun charges, making it more likely for him to invoke his Fifth Amendment right against self-incrimination, according to a source involved in the negotiations.

Earlier negotiations with the committee saw Hunter Biden dealing with just gun charges in federal court in Delaware and his team was unlikely to use the Fifth Amendment. However, the recent heavy tax charges filed by the special counsel's office in federal court in California have altered the legal strategy, according to the source.

Hunter Biden is scheduled to make his first court appearance in California on Thursday to enter a plea of not guilty. The allegations do not directly involve his father but focus on his foreign business dealings, which House Republicans have been looking into.

Republicans have limited options

Congress in recent years has struggled to hold witnesses in contempt, because their options are limited legally.

Hunter Biden and his lawyer's lack of clarity on the committee's next moves became evident as they entered and exited the hearing on Wednesday. While members engaged in heated debate, the president's son sat in the audience flanked by Lowell and Morris.

Democratic Rep. Jared Moskowitz of Florida fired back at Republican Rep. Nancy Mace of South Carolina's insults toward Biden by stating, "If the gentlelady wants to hear from Hunter Biden we can hear from him right now."

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See moment chaos erupted when Hunter Biden was in hearing

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CNN

The House would require federal prosecutors to opt for pursuing a contempt case, which is a challenging standard to meet if a subpoena is not completely disregarded. Additionally, the House could pursue court intervention, but this process can be lengthy and difficult to obtain.

Alternatively, their own sergeant-at-arms could hypothetically apprehend a witness in a process known as "inherent contempt," a strategy that is no longer utilized in contemporary times and has been acknowledged by House lawyers as no longer being a viable option. This report includes contributions from CNN's Hannah Rabinowitz, Annie Grayer, and Evan Perez.