James Comer: Hunter Biden is trying to dictate his own subpoena rules
House Oversight Committee Chairman James Comer, R-Ky., reacts on 'Hannity' after controversial request from first son's lawyer.
House Oversight Committee Chairman James Comer, R-Ky., rejected overtures by Hunter Biden and his team that the first son will agree to testify before Congress so long as it is in a public setting, noting Democrats didn't give a prominent conservative the same courtesy.
Comer told FOX News on Tuesday that Biden would still get his public hearing, but that the longstanding process of a congressional inquiry typically begins with a closed-door deposition.
In a letter obtained by FOX News, Biden attorney Abbe Lowell suggested closed-door congressional sessions have been used to "manipulate, even distort the facts and misinform the public," and that "light [should] shine on the proceedings."
On "Hannity," Comer said Biden deserves the same treatment every other individual subpoenaed by Congress should get. He pointed to Democrats' treatment of former Trump strategist and ex-Breitbart editor Steve Bannon – who was ultimately charged with contempt for failing to appear before the House Select Committee on January 6.
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Former Trump White House chief strategist Steve Bannon speaks with the media at the end of the opening day of his trial on contempt of Congress charges. (Reuters/Michael A. McCoy)
"This is a normal congressional subpoena. It's a lawful subpoena. We have asked [Hunter Biden] to come in on December 13. His attorney said today that he would gladly come in, but only for a public hearing," Comer said.
"He'll have a public hearing after we do the deposition. This is the way credible investigations are conducted," he went on, adding that Biden is not "above the law" and that he will not get the same purported special treatment he has received from executive branch agencies in his father's administration, like the Justice Department, IRS and National Archives.
"We're going to abide by the law," Comer said, going on to recount Bannon's tribulations connected to Reps. Bennie Thompson's, D-Miss., and Jamie Raskin's, D-Md., Capitol riot panel, saying Raskin "did the exact same process."
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Comer noted Bannon, too, wanted to appear strictly in a public venue, and not a private deposition – calling the situation "a very similar scenario."
In July 2022, Bannon's attorney wrote a letter to the committee outlining his similar wish, according to Reuters at the time.
That offer was later rebuffed on CNN by committee member Rep. Zoe Lofgren, D-Calif., who said closed-door questioning goes on "for hour after hour after hour" – and suggested not all of the panel's questions could be answered in a "live format."
Bannon's situation eventually led him to be sentenced to four months and a $6,500 fine in connection with the two-count contempt citation.
On "Hannity," Comer was asked if Biden would be allowed to "plead the Fifth" to protect himself from any self-incrimination.
He replied every American has that right, while again pointing to Lowell's letter saying how Biden wants to speak publicly and be transparent either way.
"He's going to have due process. He's going to be able to answer some questions. But this isn't about Hunter Biden. This is an investigation by Congress of Joe Biden for potential corruption – Hunter Biden is a key witness in our investigation of Joe Biden," Comer added.