Andy McCarthy Explains How DOJ Might Get Away With Not Prosecuting Hunter For Contempt Of Congress

Fox News’ legal analyst Andy McCarthy explained Wednesday how the Department of Justice (DOJ) would be able to avoid prosecuting Hunter Biden for contempt of Congress.

Hunter unexpectedly showed up at the Oversight Committee hearing on Wednesday as the committee was planning to hold him in contempt of Congress for defying a subpoena for a closed-door deposition. Hunter bucked a congressional subpoena on Dec. 13, instead holding a press conference outside the Capitol Building.

Oversight Committee Chairman James Comer and Judiciary Committee Chairman Jim Jordan threatened to initiate contempt of Congress proceedings for defying the subpoena.

Fox’s Dana Perino called the move a “pretty incredible stunt.”

“I think people need to remember that this is politics, Dana, not law. As a legal matter, Hunter is playing with the house money. He knows that the Justice Department …is not going to prosecute Hunter Biden for contempt of Congress. There is not only precedence that they can rely on to not do it. Not everybody in the J6 investigation who defied a subpoena got held in contempt and then prosecuted. There were some witnesses like Mark Meadows, I think, they tried to refer him and the Justice Department said no. But here 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.'” (RELATED: Reporter Asks Hunter Biden What Kind Of Crack He Smokes)

“He knows he’s not gonna be prosecuted and he knew when he showed up today that they were not actually going to question him,” McCarthy continued. “So it was a safe — it was an interesting calculation for him and certainly an eye-opening one but it was a pretty safe calculation for him tat he wasn’t going to end up in a witness chair. And when we talked about this the last time, my suggestion was that they should reissue the subpoena once they authorize the impeachment committee because in politics, which is what this is, you are either on offense or you’re on defense. And I think today the committee ends up being on defense when they ought to be on offense because they —”

Co-host Bill Hemmer chimed in and asked what would happen if Congress issued a second subpoena and Hunter defied it.

“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.”

Hunter fled the committee hearing as Georgia Republican Rep. Marjorie Taylor Greene began a round of questioning. Hunter and his lawyer, Abbe Lowell, held a brief press conference outside of the hearing, during which one reporter could be heard asking him what kind of crack he prefers.

Hunter is slated to be arraigned in California on Thursday for nine federal tax charges, including three felonies related to his alleged failure to pay more than $1 million in taxes over four years. Hunter also faces three federal gun charges in Delaware. Hunter pleaded not guilty to the gun charges in October.