Locking up Hunter Biden for Contempt
OPINION – In recent times, the halls of Congress have witnessed a growing challenge to its constitutional authority—the refusal of key figures, including Hunter Biden, to comply with subpoenas issued by legislative committees. As we stand on the precipice of a constitutional crisis, it is imperative that House Speaker Mike Johnson assert the long-dormant inherent contempt powers of Congress to restore the integrity of the legislative process and uphold the principle of checks and balances.
The National Constitution Center reminds us that Congress’s inherent contempt power, while rarely used in modern times, is firmly rooted in the Constitution’s essential legislative powers. Implicit as an instrument to enforce contempt rulings, inherent contempt was the primary means by which Congress exercised its authority until the advent of criminal and civil contempt statutes in the twentieth century.
The Supreme Court has unequivocally affirmed the legitimacy of these powers, with Justice Willis Van Devanter articulating a powerful defense in McGrain v. Daugherty (1927). In this landmark case, the Court upheld the conviction of Mally S. Daugherty, who had defied a Senate subpoena. The decision underscored that Congress possesses the inherent authority to compel witnesses and obtain testimony “in aid of the legislative function.”
It is against this backdrop that we advocate for the utilization of inherent contempt powers to address the current impasse with Hunter Biden and others who have chosen defiance over cooperation. In a society built on the rule of law, no one, regardless of their stature, should be exempt from the scrutiny of Congress, particularly when it pertains to information crucial to its legislative duties.
By employing inherent contempt proceedings, the House or Senate can direct its Sergeant-At-Arms to take non-compliant individuals into custody. This time-tested method ensures that those who refuse to honor subpoenas face the consequences of their actions, reinforcing the idea that the rule of law applies to everyone equally.
The reluctance to utilize inherent contempt powers stems from its perceived archaism and the availability of alternative legal mechanisms. However, the gravity of the current challenges requires a decisive response. Criminal and civil contempt statutes are valuable tools, but they do not carry the immediacy and directness that inherent contempt possesses.
In the face of a growing trend of non-compliance, it is essential for Speaker Mike Johnson to act decisively. Inherent contempt proceedings will send a clear message that the legislative branch will not tolerate challenges to its constitutional authority. By doing so, Speaker Johnson will not only safeguard the integrity of Congress but also reaffirm the principle that the pursuit of truth and accountability is paramount in a democratic society.