i didn't do anything. it's just unfair that i have to go through this. i wouldn't want this for my worst enemy. >> the coach said if he knew about it he would have sent the offending players home. he supports the jewish community, he has jewish family members and he would have punished anyone who did this. he says he may sue the school district for illegal termination. dana. >> dana: troubling all around. thank you. major stech to impeach president biden's homeland security secretary mayorkas getting underway right now on capitol hill. house republicans are holding the first of several committee hearings aimed at getting rid of mayorkas over his handling of the border crisis claiming his refusal to enforce immigration laws passed by congress is a grave danger to national security. welcome to a new hour of "america's newsroom," i'm dana perino. >> bill: good morning, there. big first hour. here we go again, right? two committees looking at this issue.

i'm bill hemmer. a lot of things to follow on the hill. two separate committees meeting now considering a resolution to hold hunter biden in contempt of congress after he defied a congressional subpoena. republicans want his testimony as they consider impeachment proceedings against his father, president biden. >> dana: fox team coverage for you here. chad pergram tracking the push to impeach the secretary. first david spunt is following the hunter biden saga live in los angeles. that's where that's going down. hi, david. >> hi, good morning. hunter biden lives in los angeles. he is preparing for a federal court appearance tomorrow to answer for three felony tax charges and why i'm in los angeles now. back in washington, d.c. hunter biden paying attention to the news there. the two committees, house oversight and judiciary committee are undergoing what are called mark-up to begin contempt proper senesced. the reason we're we are today in

washington, d.c. with hunter biden is because he willfully ignored a congressional subpoena back in december. instead he chose to show up and make a statement in front of the media. you see him there with the capitol dome behind him. he did not come for a scheduled deposition behind closed doors. he said he would speak in public in front of cameras for millions to see. here is oversight chair james comer just a little while ago. >> he had this publicity stunt in front of the senate. gave congress the middle finger and drove off with eric swalwell. this isn't the way the law works. >> if contempt passes these two committees, dana and bill, then passes the full house, dc u.s. attorney graves will have a decision to make. graves has had four contempt cases before him. bannon and navarro faced

criminal charges. mark meadows and scavino were not prosecuted by the biden-appointed matthew graves. hunter biden will appear before a federal judge tomorrow to answer the nine related tax charges. it is supposed to be a first appearance and potential arraignment meaning he is expected to plead not guilty. however, stranger things have happened as we saw in delaware in july. we are prepared for anything and we'll follow it. >> dana: i know you are. david thank you. >> bill: any moment now attorneys general from montana, oklahoma and missouri will testify before the house homeland security committee as republicans try to advance their push to impeach mayorkas. chad pergram watching that from the hill joins us now with the news today. >> good morning. one of those attorneys general is andrew bailey from missouri, the show-me state sued the

federal government three times over illegal immigration. republicans intend to show how mayorkas diminished the security of the nation. >> it's making missouri communities less safe with the influx of fentanyl, human trafficking. my heart goes out to the victims. it is high time congress hold them accountable. >> the senate cannot impeach mayorkas and why some gop members tried to get the senate to adopt the resolution of no confidence for mayorkas. >> he has lost the trust of the american public. we have no border security. the border is not security. eliminated enforcement and now we have the biggest illegal immigration federal resettlement program in the history of this country. >> homeland security is handling impeachment. democrats back referring articles of impeachment to that committee after the gop tried to do a snap impeachment on the floor. the hearing comes as mayorkas takes part in negotiations to get a border security deal.

>> there were some good things in that bill that i think a lot of members can support. i think the president is trying to address it. what's happened now is the political calculus with the president saying i'm willing to address it there are members saying should we address it or keep it a problem to use it in the next election? >> republicans appear to be focusing now on impeaching mayorkas rather than president biden. impeachment vote for mayorkas would not come until late next month and it is about the math. republicans can only lose two votes. bill. >> bill: all right, chad, thanks. two. okay? thank you. we're counting, aren't we. >> dana: on the impeachment for mayorkas there are legal scholars saying i don't know, guys. jonathan turley wrote homeland security chief mayorkas's failures are not impeachable.

>> bill: they like to beat him up in public. if you watched bret's interview a week ago bret said it is hard to nail jello to the wall. >> dana: it was exasperateing. the bipartisan push for a border security deal hitting a speed bump on several key issues. but the talks are making progress. house speaker mike johnson is hitting back at president biden for trying to pin the migrant crisis at the southern border on republicans. johnson issued a new memo stating on more than 60 occasions he has manipulated the federal bureaucracy. the result is a humanitarian and national security catastrophe. joining us now former republican presidential candidate and senator tim scott of south carolina. good to see you again, sir.

we're glad to have you back. i noted the other night you tweeted this. why isn't he surprised? illegal immigrants, new voters equals appeasement to his base. this was the plan the whole time and all the above. you say the administration should get an f. you were ready to jump back into the debate. tell us about your thinking on immigration now. >> there is no doubt the whole impeachment process of mayorkas seems to be unfortunate. the best way to get rid of mayorkas is fire nobody. 10 million illegal immigrants will enter the country by time we have the election this year. 300 people terrorists or suspected terrorists coming into our country. sleeper cells waiting in our country. we need new leadership because we need america to be safe. we have to remain the land of opportunity, the land of freedom. that requires brand-new leadership. joe biden is not up for the task

because he is more interested in adding voters because they believe illegal immigrants should vote. they want to appease their base because their base supports this invasion in our country and this, of course, has been their plan the entire time. why? because they've always had this objective of making sure that they replace any voters that they have lost and minority voters particularly african-american men are tired and fed up with the lack of progress from the democrat party and they are looking for a different solution. thank god almighty they are now looking at the party of freedom, the great opportunity party. >> bill: some republicans want to give aid to ukraine. other senators are saying hang on, we have to get something for it. people like rick scott. you can understand that, can't you? if you want to get a guarantee on the border deal, you want to tie the hands if you are going to go ahead and pass it. >> think about this. so many of the deals that we're

looking at requires us to help secure the border in israel. that's a good thing. ukraine's border, good thing. how about our own border? do americans not deserve to have a border that is secure so americans are safe? the answer is absolutely positively unequivocally yes. so let's make sure that whatever passes through the house and the senate takes care of america first. we need to make sure that our border is secure. we are frankly the city on the hill. that requires us to be safe. >> dana: i want to ask you about this from james clyburn, the congressman from south carolina instrumental in helping joe biden become president. this is what he said about the current state of the race. >> i'm not worried. i'm very concerned. i have no problem with the biden administration and what it has done. my problem is we have not been

able to break through that maga wall in order to get to people exactly what this president has done. >> dana: if you listen to these voters from "fox & friends", check this out. >> the black voters realizing now that biden has failed this administration, he has deprived us of gas and everything is so expensive. >> we are looking for someone, somebody that is going to help the community not only help us with educational assistance but the rising taxes as well. >> dana: you heard that. there are polls that show that there are a portion of black voters who are walking away from biden looking at the republicans whoever that nominee is, trump, haley, desantis, whoever it is. do you think that enough black voters will vote republican and deny biden and harris a second victory? >> well, if we as republicans

receive more than 20% of the black vote this race is over. it's dead as a door nail for joe biden and the democrats. you can't win if we get 20% of the black vote. in 2016, 2020 as well, president trump increased his african-american voter participation by 50%. why? we provided as republicans more resources for historically black colleges and universities than any other presidency. unemployment to the lowest levels in the history of the country for african-americans, hispanics and 70 year low for women. what we know about the future is that under joe biden, it gets worse. inflation goes higher, opportunities go lower. >> dana: senator tim scott, great to have you back. we have breaking news on capitol hill. love to have you back. >> bill: get this now. hunter biden is on capitol hill and so far as i know, dana, this was not planned. >> dana: david spunt is in los angeles. i'm confused.

>> two weeks ago we were sitting here and we'll rerack it. two committees right now looking at this resolution to hold hunter biden in contempt of congress, all right? we were sitting here a couple weeks ago he shows up on the hill and goes to the senate side of the capitol, delivers a statement and walks away. that ticked off a lot of people. this is the ranking minority member of this committee with james comer. so hunter biden is at that table. is that right, guys? is that what we saw a moment ago? he is inside this room with this committee. let's watch. >> chairman urged mr. biden to come up here at a public committee hearing on september 13th on news max the chairman stated hunter biden is more than welcome to come in front of the committee. if he wants to clear his good name, if he wants to come and say there weren't 20 shell companies he is invited today.

we'll drop everything. october 31st on a nationwide podcast the chairman stated we have mountains of evidence. now ready to bring him in. in the downhill phase now because we have so many documents and can bring these people in for depositions or committee hearings. whichever they choose. for depositions or committee hearings, whichever they choose and we can ask these questions with evidence. on november 6th again on news max good chairman stated i will extend that invitation on your show right now, rob, if the biden family wants to join tony bobulinski in an official oversight committee hearing. and answer questions the american people have, that invitation is open now. they can come on in and do that. november 28th hunter biden through his lawyer agreed to chairman comer's multiple public requests. he agreed to appear precisely at a public hearing under oath to answer the committee's questions

on december 13th. exactly what our good colleagues, the republicans who had information about january 6th never agreed to do. they never agreed to testify anywhere under oath about what they knew. the letter that came in from mr. biden embraced the importance of having a public proceeding that quote would prevent selective leaks, manipulated transcripts, doctored exhibits or one-sided press statements in light of the committee's past use of closed door sessions to manipulate, even distort the facts, misinform the public. >> i have an inquiry. >> state your point. >> mr. chairman, don't we have house rules and committee rules regarding subpoenas and then rules about having hearings and having questions with witnesses

that must be followed? can you state the rules, mr. chairman? >> your time was expired. >> i would like to know the rules of the house and our committee. >> they are available to every member. the rules state for deposition if that's what you are asking, three days notice, you have to have the stenographer and all of that. >> just to clarify we can't have someone walk in. >> do any other members wish to be heard? >> mr. chairman, i did endure multiple interruptions in my opening. >> i will give you 30 more seconds. >> the chairman refused to take yes for an answer from hunter biden. instead on december 1st they pulled a bait and switch. changed the terms of their request. they rejected his offer or his acceptance of their offer and insisted that he now come in and sit for a secret closed door

deposition. on december 6th hunter biden's lawyer reiterated that hunter biden was willing to accept the chair's original request and once again offered to appear on december 13th or any other date in december to answer any questions pertinent and relevant to the subject matter and raised concerns about closed door sessions. that's what brings us to today, mr. chairman. he has materially substantially in good faith complied with what your requests were. >> he complied with the subpoena, your time is expired. do any other members wish to be heard? chair recognizes miss maze from south carolina. >> my first question is who bribed hunter biden to be here today is my first question. second question, you are the epitome of white privilege coming into the oversight committee ignoring a congressional subpoena to be deposed. what are you afraid of?

you have no balls to come up here and -- >> point of inquiry. >> mr. chairman -- >> the lady is recognizeed. >> if the general lady wants to hear from hunter biden we can hear from him right now and hear from hunter biden. what are you afraid of? >> order, order, order. >> are women allowed to speak or not? you keep interrupting me. >> i keep interrupting the chairman. >> i think hunter biden should be arrested right here and now and go straight to jail. our nation is founded on the rule of law. and the premise that the law applies equally to everyone no matter what your last name. >> point of order, mr. chairman. >> doesn't matter who you are. >> point of order. >> donald trump junior -- >> state your point. >> mr. point of order is this. are we going to continue on with this blatant interruption? this is absurd and

inappropriate. i intend to give my statement. i don't intend to have anybody interrupt it. i won't interrupt your statements. i think you should have decorum and court courtesy and don't act like a bunch of nimrods. >> the assertion i interrapted. i got permission to speak from the chairman. i spoke. i was interrupted yet again by the gentleman who doesn't choose to go through the chair and follow proper order. i encourage us. i think if we are going to have any respect at all we need to have proper decorum. >> well said, well said. >> i would like to finish. >> the rules are everyone will be recognized for five minutes. anyone that wants to be recognized will be recognized for five minutes. ms. maze.

>> it doesn't matter who you are, where you come from or who your father is or your last name. yes, i'm looking at you hunter biden as i am speaking to you. you are not above the law at all. the facts in this case are crystal clear. this committee used and issued a lawful subpoena to hunter biden, a critical witness in this investigation into biden family corruption. hunter biden and his lawyers did not claim privilege of any kind. he has none. they didn't contest of the reasons for issuing the subpoena. they clearly are legitimate and yet he refused to comply. trump's family members, donald trump junior, he did not defy congressional subpoena and showed up multiple times for multiple depositions for several hours. in doing so hunter biden broke the law. he did so deliberately. you did so flagrantly. you showed up on the hill on the senate side the day of that congressional subpoena to defy it and spit in the face of this

committee. that's what you did. the question the american people are asking us is what is hunter biden so afraid of? why can't you show up for a congressional deposition? you are here for a political stunt. this is just a pr stunt to you. a game that you are playing with the american people. you are playing with the truth. hunter biden wasn't afraid to sell access to joe biden to the highest bidder when he was in elected office or afraid to trade on the biden brand and share the ill gotten gains with members of his problem or compromise the integrity of the presidency and vice presidency by involving joe biden in shady business deals with foreign adversaries. but you're too afraid to show up for a deposition and you still can't today. i believe that hunter biden should be held in contempt and hauled off to jail right now because it wasn't long ago my friends on the other side of the aisle that you believed in the power of a congressional

subpoena. not long ago at all. you believed in holding those who refused to comply with congressional subpoena accountable. and i stood with each and every one of you. i am the only member in this room today who has held a member of my own party in contempt of congress for not showing up for a subpoena. i see nothing but complete hypocrisy on the other side of the aisle. the ranking member of this committee so eloquently put it the lesson is please tell your children out there in america if you get a subpoena, to go before congress, go. you have a legal responsibility to do so. so the hypocrisy is stunning. what are we to tell our children today? there is nothing the other side can say with a straight face. as the only member of this committee to vote to hold a member in contempt of my own party left me be clear this should not be a partisan issue. if congress issues a subpoena, you show up. period. this is not a responsibility we

take lightly. it brings no joy for us to do this but the president's son broke the law and must be held accountable in the same way anybody else would. i urge my colleagues on both sides of the aisle to do so. my last message to you, hunter biden, you play stupid games, you win stupid prizes. >> will the lady yield for a question? >> sure. >> i do want to commend the general lady who was the only republican who stood up and voted to hold in contempt the republican members of the house who blatantly and categorically refused to comply with subpoenas that came from the bipartisan january 6th committee. i would like to ask my friend, miss mace, from south carolina whether she is aware of all the case law which says that the committee has to engage in good faith interaction with the witnesses they called and supposed to arrive at a solution. what do you think about the fact the chairman on multiple

occasions gave this witness the opportunity to come before the full committee and he agreed to that? >> we issued a congressional subpoena. i know with your constitutional law background you know what that means and he should have showed up. because of your statements you should be voting to hold this man in contempt of congress today right now. if you are going to be consistent on your own policies and your own words. >> general lady's time is expired. mr. moskowitz. >> so i'm listening to the general lady from south carolina about the witness being afraid to come in front of the committee. that's interesting. he is here. he doesn't seem to be too afraid. in fact, for some reason the chairman, who on multiple occasions invited the witness to

come on tv, apparently the chairman wants to pretend his statements on television or in interviews don't matter. it didn't happen once, it didn't happen twice, it happened multiple times the chairman said the witness can choose whether to come to a deposition or to a public hearing in front of the committee. the witness accepted the chairman's invitation. it just so happens the witness is here. if the committee wants to hear from the witness and the chairman gave the witness that option, then the only folks that are afraid to hear from the witness with the american people watching are my friends on the other side of the aisle. i don't know if there is a promotion, mr. chairman but i will make a motion, let's take a vote who wants to hear from hunter right now today? anyone? come on. who wants to hear from hunter?

no one. so i'm a visual learner. the visual is clear. joe biden -- nobody over there wants to hear. no one other than one or two that want to hear from the witness. the majority of my colleagues including the chairman don't want to hear from the witness with the american people watching. so mr. chairman, i just want to hear from you. will you acknowledge that you invited the witness on television to choose whether he could come to a public hearing and do you stand by your words or do you go back on that invitation? >> after the deposition, mr. biden can come in front of a public hearing. >> i don't want to play the video. that's not what you said on television multiple times. we have the quotes. we can put them up.

you said the witness can choose between a deposition or -- >> listen, mr. moskowitz. mr. biden doesn't make the rules. we make the rules. >> you make the rules. the rule you made is he can choose. >> the rule is -- >> those were your words. >> he was issued two lawful subpoenas. >> you issued those subpoenas after you took you up on your invitation to come and then you were like no, no, oh my god, what did i do? i invited him to come so the american people can hear his side of the story. i put my foot in my mouth and i must bury him in the basement where we can decide what we'll release to the public so that we can continue to tell that story. mr. chairman, you have said multiple times this is not about hunter. it is about joe biden. and even this morning on mornings with maria, she asked another simple question. the question you have been asked multiple times, which is do you

have evidence to impeach the president of the united states? before you said i hope so. today you said i think so. and the answer is you don't. and you still don't. and so we continue to be here and have these charades. to my colleagues who talk about lawful subpoenas, i appreciate the general lady from south carolina who voted to hold people in contempt. listen, i will make this bipartisan. i will vote for the hunter contempt today. you can get my vote but i want you to show the american people you are serious. here is the subpoena to scott perry. to mark meadows, i would like to enter this into the record who did not comply. the subpoena to jim jordan who did not comply with a lawful subpoena. the subpoena to mo brooks. like to enter into that the

record. to mr. biggs who did not comply and mr. mccarthy who did not comply i would like to enter that into the record. there is an amendment coming to add some of those names into the contempt order. you vote to add those names and show the american people that we apply the law equally, not just when it is democrats, it's a crime when it's democrats. when it's trump and the republicans it's just fine. show you are serious and everyone is not above the law. vote for that amendment and i will vote for the hunter biden contempt. i will yield back. >> ms. green from georgia for five minutes. >> thank you, mr. chairman. excuse me, hunter, apparently you are afraid of my words. oh. i like to reclaim my time, mr. chairman. wow, that's too bad.

i think it's clear and obvious for everyone watching this hearing today that hunter biden is terrified of strong conservative republican women. he can't even face my words as i was about to speak to him. what a coward and this is also a coward that sat right here in front of shall -- >> i will answer your questions if you be quiet. let me start again. hunter biden was and is a private citizen. despite this republicans have sought to use him as a surrogate to attack his father. and despite their improper partisan motives on six different occasions, in february of 2023 we offered to work with the house committees to see what and how relevant information to any legitimate inquiry could be provided. our first five offers were

ignored. and then in november they issued a subpoena for a behind closed doors deposition. a tactic that the republicans have repeatedly misused in their political crusade to selectively leak and mischaracterize what witnesses have said. >> what are you going to do when the house? >> last fall chairman comer made an offer that people like hunter had the option to attend a deposition or a public hearing, whichever they chose. hunter chose a hearing where republicans could not distort, manipulate, or misuse that testimony. and then ignoring that invitation and proving once again that they cared little about the truth and wanted only to, quote, move the needle of political support, which was a

quote chairman comer confessed was his true purpose. the republican chairs today then are come an deering an unprecedented resolution to hold someone in contempt who has offered to publicly answer all their proper questions. the question there is what are they afraid of? thank you. [shouted questions] >> mr. biden, why did you put

your dad on speakerphone when your business partners if you he had no involvement in your business. >> mr. biden, you talked to him during a business meeting when he had nothing to do with your business. >> bill: i'm not sure how many people thought they would have a hunter biden sighting on the hill today. >> dana: moskowitz did. it was a stunt and staged. you don't see a lot -- hunter biden showing up unannounced basically the secret service came an hour before the hearing got started. no one was sure what was

happening and they announced earlier this week there will be this documentary about hunter biden's life and i imagine this is all the footage that will go towards that. it was going to do a stunt, it was a good one. >> bill: as soon as greene started talking he fled the room and left. i would suggest if this theory is true, they are adding to the soon to be documentary that all the questions about whether or not joe biden is going to be the democratic nominee can be squashed as of today. >> dana: a good point. >> bill: he will be on the ballot for the democrats come november. let's get back inside the room. chad pergram is on the hill. have you spoken to anyone yet who knew this was going to happen? >> this is political theater here. nobody expected a stunt like this. consider what we had back in december when hunter biden showed up on capitol hill appearing on the senate side, bill. >> bill: chad, thank you. just want to go back into the

hearing while we can because that's still underway. >> mr. chairman, i yield. >> thank you, mr. chairman. i think it's really interesting to hear the lady from georgia speak about hunter biden leaving and she is the person that showed nude photos of hunter biden in this very committee room showing pictures in this committee room of hunter biden. i have my five minutes, i think it's really ironic, hypocritical, quite shameful that the person who is complaining about somebody leaving when she is showing nude photos of him to this committee. showed nude photos in this committee in this very room and you also talk about decorum, you talk about january 6th, you know, miss greene i was there with you when we went to the january 6th jail and when you

were hugging, high fiving, talking to and providing so much comfort and joy to the insurrectionists that attacked our capitol. you were hugging and giving them all the support. >> mr. chairman, the gentleman has the time. >> chair recognizes mr. garcia. >> i want to remind everyone, one, that this is again about the donald trump revenge show. we're here today and the majority is doing this hearing because it is all about donald trump and trying to make sure they do everything they can to support him. for weeks we as democrats and republicans and the chairman demanded a public hearing. i agree with mr. moskowitz. yet, mr. chairman, you have denied it. we want a public hearing. if we need to take a vote, unanimous consent we should hear from mr. biden today. that's what the public demands.

democrats are united. i would like to see a vote to have hunter biden do actually a hearing and address us today if possible. >> does my friend yield? >> yes. >> thank you. well, the fact of the matter is, mr. biden showed up this morning and was willing to show up weeks ago to appear at a public hearing, which he has led to believe was his option. and today is all about a combination of hoots ba and delusional theory. we heard some of it from the gentle lady from georgia. it's a bunch of people who defied subpoenas themselves now want to have a contempt citation

for the son of the president because they don't have sufficient evidence -- in fact, they have no evidence of any kind to pursue the president himself. so when you can't go after the principal, try to hurt the people around him, including a wounded member of his own family who has had all too public troubles put before our country. it's mean spirited, it's cruel, and it's beneath the dignity of this committee and this body. if you want to have political difference episcopal with the president of the united states, our system invites it. but resorting to punitive measures against members of his family because you can't get at him i think crosses a boundary.

by the way, i counseled democrats in the previous administration to take great care in going after members of president trump's family because i felt the same dynamic at work. so i would urge that we give real serious consideration to the matter at hand and we show more respect for the president and his family, whoever that president may be at any given time. and that we respect due process and we hold ourselves to the same standard we are asking this body to act on today in terms of a contempt citation. we have let many of our fellow members off the hook in defying the january 6th subpoenas.

i yield to mr. raskin. >> i just want to also as chairman mr. biden has agreed to address this committee publicly and ask unanimous consent to swear to mr. biden today or future member and have every member be able to ask five minutes of questions to the witness. >> we object. that's not in order. >> how is it not in order? >> it's not in order. time is expired. chair recognizes mr. perry for five minutes. >> thank you, mr. chairman. i would just like to remind members of this committee, anybody watching, that this is a duly constituted committee under the rules of the house of representatives. republicans on this side. democrats on that side. the democrats on that side were sell enthed by their leadership and process, same thing for the republicans on this side. why do i mention that? why do i bring that up? this is a stark difference from what is being referenced on the

other side of the aisle. the so-called j-six committee which was nothing more than a soviet show trial in america. that's what that was. and so every single action that they took subpoenaing people, disparaging people, referring charges of people were not legitimate. were not legitimate. so to compare what is happening today to what happened years ago is completely out of context and you need to understand that. this is a game for these folks. sure, they want to support their guy. they don't care about america. they don't care about what the president is doing to destroy america. they are just locking horns, locking horns to support their guy. if you want to vote for people that do that, that's your right. now in my opinion, this committee is not interested in prosecuting hunter biden.

not interested in that. hunter biden is a sad tale by his own right, by his own admission, by leaving his evidence all around for everybody to see. the other side complains that documents and photographs are shown in this committee about hunter biden. don't blame the person that showed the documents or the photographs. the person that committed the acts is the person who is responsible for the acts. and we do take no joy because it is a waste of time to prosecute hunter biden. but he createed this for himself along with the rest of his sad tale of his life, unfortunate that it may be. but we in this committee on both sides of the aisle on behalf of the american people are charged with finding the facts. the facts show that president biden profited from his name and the person that arranged the deals was hunter biden. so we would like to look into

that. now, hunter biden, regardless of his last name, even thief he thinks he is special. he thinks he can leave evidence all around and blame it on the russians. when he knows it was him. he can go on tv and say he thinks he is special because his last name is biden and no one will touch him. ladies and gentlemen, the great thing about america is that we're all special because the law is blind to each one of us regardless of our station, our economic position, or our political position. hunter biden sadly chose to violate federal law. that's unfortunate. but we are duty bound to do something about it because without law we have anarchy. that's what hunter biden would like. by coming here today he shows that he can be here. he shows that he displays that he could show up to a lawfully legitimately presented subpoena. but he chooses not to. his choice, he can do that. there are consequences for that,

ladies and gentlemen, there are consequences for that. we're duty bound. >> we are duty bound to pursue the consequences of that so that the american people can trust in the system of justice in the united states of america, which they do not right now. they don't trust it, nor should they. this side of the aisle has made a mockery of it for the last three years and beyond that. i will not yield. mr. biden is not special. he was given a subpoena. he should have appeared. he chose not to. we have no choice. we have no choice if we are to uphold our oath, to up hold and defend the constitution of the united states. we have no choice except to refer charges and find hunter biden in contempt. his choice. that was his choice. now we have to make our choice

and conflating these so-called j-six committee. not a committee. no jurisdiction. no authority whatsoever under the law of anything, to conflate that with these proceedings today is an a bomb nation. my friends on the other side of the aisle no what they're doing, should be ashamed and embarrassed but will not be. regardless, we must forge on for the sake of this republic. >> thank you, mr. chairman. i feel like i'm an alice in wonderland after that. every american receives the same application of the law and it does not matter what your last name is. so i guess that means if your last name is perry, that subpoenas apply to you as well, lawful subpoenas. now, i appreciate the gentleman

from pennsylvania's argument that the january 6th committee was not a duly constituted committee and, in fact, he and many others made that same argument to a number of courts of law. the courts -- >> bill: we have great folks who are just jumping to get on tv. let's go back to chad pergram. we rely on you for all things capitol hill. just go ahead and frame the moment that we have just watched over the past 25 minutes. >> what was going to happen today is you had two committees, judiciary committee and house oversight committee were marking up a contempt of congress lucian for hunter biden. hunter biden did not appear for a closed door deposition. there was a subpoena issued to him some time ago. he was scheduled to appear in mid-december and showed up on capitol hill back in december but showed up on the senate side of capitol hill. he did not go to the closed door

deposition. james comer, the chairman of the oversight committee said you are out of compliance with this subpoena. we are going to hold you in contempt of congress. now, you have to go through the committees to what they call mark up or prepare this resolution to bring it to the floor. that's what today's debate was going to be and low and behold who showed up not for a closed door deposition, not for a hearing, but to sit in the front row and thumb his nose at the oversight committee but hunter biden and his attorney abby lowe. as soon as marjorie taylor greene started to ask her questions and biden left. there was commentary saying we were willing to appear at an open hearing, this is what they were saying in the hallway here. that's not what this was. i thought it was also interesting where you had moskowitz, the democratic congressman from florida saying i'm willing to vote for the contempt resolution for hunter biden. he said but you and other

republicans have been out of compliance with your own subpoenas. he went back to the january 6th committee and talked about how scott perry the republican from pennsylvania and jim jordan and others didn't comply with subpoenas issued by that committee. they never referred them to the justice department. that's new ground there to have somebody, a fellow house member, held in contempt of congress. that's never happened before. you could send them to the ethics committee. there is apples and oranges here. here is the problem for hunter biden. they will hold him in contempt of congress. this resolution will move out of committee later today at some point. put it on the floor, we're told next week was the tentative plan here and here will be the problem for the justice department and matthew graves who is the u.s. attorney for the district of columbia. when there were other witnesses who did not agree to appear

before the january 6th committee and other committees on capitol hill, steve bannon, peter navarro, former trump administration officials, they were prosecuted. what will happen here once they hold hunter biden in contempt of congress, will they in fact send that to the justice department and what would the ruling be then? he is, in fact, out of compliance with that subpoena. if they don't decide to prosecute the president's son, republicans and former president trump will say look, this is two tiers of justice because this is not -- this is the president's son and you are electing not to prosecute him. other situations where they've held other officials in contempt of congress, eric holder, the attorney general under the obama administration and they did not prosecute those places. it was a democratic justice department. this will be diceier here. you have somebody who is clearly out of compliance for a house

subpoena for information. if they don't decide to prosecute him. hunter biden faces a litany of other problems as well. so again you have these two contempt proceedings going on right now and this is a barn burner right now. >> bill: there at the end the consequences that the republican scott perry out of pennsylvania was leaning to in his final comments. stand by, we have more here. >> dana: i want to bring in andy mccarthy. all the legal issues as well. you cover the story closely. a pretty incredible stunt. there is a documentary about hunter biden's life being made right now as they get ready to deal with all these legal issues. your point of view this morning as you watch this unfold. >> well, you know, i think people need to remember this is politics, dana, not law. as a legal matter, hunter is playing with the house money. he knows the justice department given everything chad said the justice department won't

prosecute hunter biden for contempt of congress. there is not only precedent that they can rely on to not do it. not everybody in the j-six investigation got held who defied a subpoena got held in contempt and then prosecuted. there were some witnesses like mark meadows they tried to refer him and the justice department said no. but here are justice department could easily say look, this guy is facing two indictments. he wasn't going to testify anyway. so we choose not to exercise our discretion to prosecute. he knows he won't be prosecuted and he knew when he showed up today that they were not actually going to question him. so it was a safe -- it was an interesting calculation for him and eye opening one but it was a pretty safe calculation for him he wasn't going to end up in a witness chair. when we talked about this the last time, my suggestion was that they should reissue the ube

subpoena once they authorize the impeachment committee because in politics, which is what this is, you are either on offense or defense. and i think today the committee ends up being on defense when they ought to be on offense because they -- >> bill: play this out then, all right? you issue another subpoena. he defies it. that's two. and perry is talking about consequences, which would suggest the potential for prosecution based on chad's reporting, and you are saying it is not going to happen. why not? >> right. why is he not going to be prosecuted? because the biden justice department is not going to prosecute the president's son for contempt of congress under circumstances where they oppose the congressional committee politically they portray the congressional committee as basically executing a trump-orchestrated theater and they have a valid reason to

exercise discretion not to prosecute him, namely, he is already facing two indictments and in point of fact, if he ended up in the witness chair, he would take the fifth so he wouldn't testify anyway. >> bill: just to play this out with congress, do they do this song and dance until november? >> of course they do. what they want, bill, what they want here is while trump is running this gauntlet of criminal prosecutions, his supporters in congress want biden and people connected to biden to be running a gauntlet of something that's under the auspices of an impeachment committee. they want to have a parallel proceeding going on so they can argue their guy is more corrupt than our guys. it is really politics. i don't see there is much law to it here. >> dana: all right, andy. it's an interesting situation no

doubt. >> bill: well done. do you remember him ever being wrong? >> dana: andy, no. even if i did i wouldn't repeat it. i want to ask you to listen to hillary vaughn. our reporter up on the hill. even hunter biden thinks she is intrepid. >> mr. biden, why did you put your dad on speakerphone with your business partners if he had no involvement in your business? >> do you have a dad? does he call you? >> yes. >> do you answer the phone? >> yes. why did you need to talk to him during business meetings if he had nothing to do with your business? >> you're very dangerous. >> dana: he says you are very dangerous. one of the reasons you might say that is because i'm sure his lawyer said we're going to go out in the hallway, i will handle the questions, you don't say a word. but he can't help himself. so he answers that question and then says you are very

dangerous. what do you think of that? >> i think that's why they want to get him in the deposition chair because they think that even though it's in his interest to not answer questions, and even though abby low will be there to keep him quiet. the impulse is always to be too smart or too clever by half and answer questions. prosecutors bank on that, dana. i would have had a short career if we didn't have witnesses like that. >> bill: karrie welcome to our coverage. you shot out an email. we got the subpoena from early november. defiance of one. based on what andy is describing for the future, what would be your expectation for what happens now? >> cutting through all the chatter of well, there is spin on the right and spin on the left and who does one believe and this is what we're seeing play out in realtime as we watch what's unfolding on capitol

hill, anybody can look up the subpoena for themselves and see it was for a deposition. not a hearing. it is the issuer of the subpoena that calls the shot, not the recipient. imagine when we were back in school and get a typed paper due on a topic and went to the teacher and said yeah, yeah, i'll do the paper and i will make a video and submit it three weeks later. the teacher would laugh saying no, that's not what we asked you to do. this is what the instructions are. two, i would just remind everyone that today is the deadline for republicans jordan and comer for the white house to produce any information they have related to hunter biden's defiance of that subpoena. the reason they sent that letter is because they are raising possible obstruction issues. yes, the timing was intentional on the part of the committee to hold this contempt resolution today. but also i think the stunt plays into the timing as well with respect to that white house deadline to distract from that.

one other point i would make is steve bannon, i think jamie raskin raised this a bit ago watching the coverage. steve bannon did offer at the 11th hour to testify before the committee and wanted to do it publicly and democrats at the time with the january 6th committee said we usually do these things as depositions because that's how we get to the bottom of things. they did not want him to publicly testify. >> dana: there is also the court of public opinion. the p.r. stunt. people do stunts for a reason. they get attention. who is talking about this today? who is talking about president trump possibly giving his final closing argument in dc did? his lawyer is super smart on that. moskowitz, the democrat had advance warning. they had printed posters up and what he said is comer said you can come, hunter biden, to a deposition or a hearing, your choice. and that's what -- even if it's not legal and not what they

meant, he said that and now it's up there for everyone to debate again. >> of course, also within these subpoenas, andy can speak more to this there should be room for good faith negotiation, which is why both representatives comer and jordan said okay, fine, you can testify publicly, no problem. we need you to testify -- sit down for a deposition first with staff attorneys and get to the bottom of our questions there. they did make an effort to move towards the middle on that front. hunter could have publicly testified provided that he sat down first with staff attorneys. but dana to your point it is a big public relations stunt. no one is talking about trump's arguments for tomorrow but i also think it helps the former president since he had such a bad press today yesterday. maybe he is happy about it. >> bill: andy, jump back in here. your name was invoked. well, if you defy a subpoena and risking the threat of

prosecution but you won't be prosecuted we are chasing tails here, aren't we? >> bill, again, he is looking at two indictments. i can't remember when we last ran the numbers but over half a century of potential imprisonment. he is not worried about contempt of congress. there was no way he was going to testify and not worried the justice department. i like kerry's analogy. the thing is, when the teacher assigns you the project, if you don't return the project on time under the terms of the assignment, the teacher can punish you, right? the reason that people respond to subpoenas in the criminal justice system is they know if they don't the justice department will actually prosecute them. here he is not worried about that. and even if he was a little wore eft about it in the stream of things like in the ranking of the problems he has, that is so far down the list he can afford to do a stunt like this today.

>> bill: any response on that? >> the only thing i would say to andy on that i hear loud and clear what he is saying and the justice department almost never prosecute contempt of congress. they started to in the last couple of years and who did they prosecute two top trump aides. while andy is right they will face the two-tiered justice system because of what they did to navorro and bannon. >> more political than legal. >> yeah, these are competing -- these are competing political narratives. trump will do the two-tiers of justice, hardly the only piece of his arsenal on that. there is a ton of evidence he can point to with respect to that. the democrats will try to run this thing like they are trying to -- they want to get hunter tied up down in the basement and ask him a bunch of questions and

selectively leak what he says to make him look bad and he was willing instead to show up and bravely answer questions unless hillary vaughn asks them. bravely answer questions on capitol hill. that's going to be their competing narratives. i wonder how much people are being moved by any of this stuff? we'll see. >> bill: fair questions. >> dana: i worked on capitol hill -- let's not date myself. it was a fun day to watch, i have to tell you that. we didn't have that much fun. >> bill: they did today. thanks to you both for taking us through it and help us learn along the way and see what comes next. >> dana: you never know what you'll get. >> bill: we get all these papers early in the morning. it wasn't on the bingo card. >> dana: i didn't have that one at all. great to be with you. see you on "the five" as well. harris faulkner is next. >> harris: fox news alert now. you are seeing the video fro