Fitton explained that both houses of Congress have what is known as an inherent contempt authority (ICA), but lamented that the two houses probably don't want the American people to know about this. He added that the ICA was often exercised by Congress up until the 1930s, leaving this power dormant as it hasn't been invoked for a long time.
"[Congress] can, under this ICA, send the respective sergeant-at-arms – in this case … the House sergeant-at-arms – [to] go get the witness, haul him in and detain him until he's ready to testify," the Judicial Watch president said. He added that this authority can be invoked if Congress is "conducting an investigation, issue a subpoena or request someone's presence – and that person doesn't want to show up; doesn't cite privileges or seek relief in the courts from the subpoena; lawfully object; or just show up and assert their Fifth Amendment privilege, which is their God-given right as referenced in the Constitution."
While Fitton acknowledged that the presidential son can be prosecuted under federal law for contempt of Congress, he said it won't yield the testimony Congress needs. (Related: Hunter Biden DEFIES House Oversight Committee subpoena.)
"It may not vindicate Congress' desire to get the information as they are able to do under their constitutional powers. As I said, they don't want you to know this – because they would have you think that 'Oh, Hunter didn't show up and there's nothing we can do, especially because of the Biden Department of Justice.'"
"It's easily done if the majority wants to. In my view, they can find [Hunter] in contempt and get the [House] sergeant-at-arms to haul him in and make him testify. Otherwise, he sits in the detention facility in the U.S. Capitol," Fitton continued.
"So this is another option, and if they want the testimony of Hunter Biden, there are other ways to get it as opposed to just waiting around for a court either to enforce the subpoena or civil means or for the federal government to prosecute him – which obviously doesn't get you the testimony."
Meanwhile, Rep. James Comer (R-KY) said Americans just saw "a snapshot of the arrogance and entitlement" of Hunter Biden after the presidential son skipped his scheduled deposition with the House Oversight Committee (HOC) and instead spoke to the press outside the Capitol.
"We've been firm. We will hold him in contempt of Congress. This will not stand, and we expect to see Hunter Biden in here for a deposition," said Comer, who chairs the HOC.
Rep. Jim Jordan (R-OH), chairman of the House Judiciary Committee (HJC), kept his threat of holding the presidential son in contempt after the latter appeared on Dec. 13 at the steps of Capitol Hill. The younger Biden demanded a public hearing rather than a closed-door deposition as required under a subpoena. Jordan warned that the HJC will "move forward with contempt proceedings" if Hunter Biden continues to ignore the subpoena.
"The president's son does not get to set the rules," Comer said alongside Jordan at a press conference on Capitol Hill after Hunter's defiance. "These two committees are going to hold firm. We have taken steps to go by the book in this investigation. Now we're in the phase where we do the depositions, and you know what he did is unacceptable."
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Watch Judicial Watch President Tom Fitton explain the concept of inherent contempt authority, which will allow Congress to summon Hunter Biden and make him testify.
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