Eric Swalwell helped Hunter Biden defy Congress, now faces potential legal trouble of his own: 'He went out of his way'

Rep. Eric Swalwell (D-Calif.) may have invited legal scrutiny into his life for helping Hunter Biden defy a congressional subpoena.

Last week, the first son refused to appear at a congressional deposition for which he had been subpoenaed. During the scheduled hearing time, Hunter delivered a brief speech outside the the Capitol with Swalwell standing nearby. Swalwell later confirmed that he reserved that spot for Hunter's speech.

With the California Democrat's on-the-record assistance, Swalwell is now being accused of aiding and abetting Hunter's contempt of Congress.

Last week, Rep. Darrell Issa (R-Calif.) wrote the leaders of the House Ethics Committee and House Administration Committee asking them for guidance on what he described to the Washington Examiner as Swalwell's "aiding and abetting contempt."

"By all appearances and reporting, the media space reservation by Congressman Swalwell — a member of the Judiciary Committee — was intended solely to allow Hunter Biden to fail to appear before [the House Oversight and Judicial Committees], publicly announce his refusal to comply with a dually-issued subpoena, and be in contempt of Congress," Issa wrote.

Legal scholar Jonathan Turley agrees.

"The question is not whether Hunter Biden can be held in contempt; of course he can. The question is what to do with Eric Swalwell," Turley said. "Swalwell did not simply facilitate a crime; he went out of his way to associate himself with it."

Turley, like Issa, accused Swalwell of "aiding and abetting both a potential crime and the obstruction of congressional proceedings."

Rep. Eric Swalwell stands near Hunter Biden outside the Senate. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Swalwell, moreover, was accused of booking a press spot on the Senate side of the Capitol to prevent the House sergeant at arms from forcing Hunter to comply with the subpoena.

He denied that is what happened but confirmed he personally booked the press space.

"I actually tried to book the House side. I booked the House side at 10:30 and then I think the deposition time had moved and so the House side was no longer available," Swalwell told Straight Arrow News.

Whether the House will hold Hunter in contempt remains to be seen. The House would have to hold a full floor vote, and the Justice Department would have to agree to prosecute the case. While contempt prosecutions are not common, Steve Bannon and Peter Navarro — two Trump allies — were prosecuted and convicted of contempt for defying the Jan. 6 committee.

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