House Republicans issue criminal referrals against James and Hunter Biden, alleging false testimony

Hunter Biden arrives at federal court, Wednesday, June 5, 2024, in Wilmington, Del. (AP Photo/Matt Slocum)

WASHINGTON (AP) 鈥 House Republicans issued criminal referrals Wednesday against President Joe Biden鈥檚 son and brother, accusing them of making false statements to Congress as part of the GOP's yearlong impeachment inquiry.

The Republican leaders of the House Oversight and Accountability, Judiciary and Ways and Means committees sent a letter to the Justice Department recommending the prosecution of Hunter Biden and James Biden and accusing them of making a 鈥渃onscious effort鈥 to undermine the House's investigation.

Abbe Lowell, Hunter Biden's attorney, said in a statement that the referrals are "nothing more than a desperate attempt by Republicans to twist Hunter鈥檚 testimony so they can distract from their failed impeachment inquiry and interfere with his trial.鈥

's lawyer Paul Fishman echoed that sentiment, calling it a 鈥渂aseless partisan action," and reiterated that his client has 鈥渁lways maintained that Joe Biden never had any involvement in his business dealings.鈥

The referrals to Attorney General Merrick Garland and special counsel David Weiss add to the legal challenges facing Hunter Biden, who is now on trial for three felony charges stemming from the purchase of a gun in October 2018. The 54-year-old has been accused by prosecutors of lying to a federally licensed gun dealer, making a false claim on the application by saying he was not a drug user and illegally having the gun for 11 days.

On Capitol Hill, the Republicans pursued their wide-ranging investigation into Hunter Biden, separate from that federal case, are trying to tie the Democratic president to his son鈥檚 business dealings. Both Hunter and James Biden sat for hourslong interviews with lawmakers even as they failed to uncover evidence directly implicating Joe Biden in any wrongdoing.

Rep. Jason Smith, chairman of the House Ways and Means Committee, said testimony from IRS whistleblowers shows that Hunter Biden lied to Congress at least three times in his Feb. 28 deposition.

鈥淚 think the Justice Department needs to look at that and act accordingly. When you lie to Congress, that is a serious violation of the law. It鈥檚 a felony," said Smith, R-Mo. "The president鈥檚 son should not be treated any differently than any other American.鈥

The Justice Department, which will ultimately decide whether to take up the criminal referrals, declined to comment.

The focus on the Biden family resulting from Hunter Biden's federal trial and the impeachment inquiry has proved to be a political and personal liability for the president. The proceedings are unfolding as looms, and He is deeply concerned about the health and sustained sobriety of his only living son.

Since former President Donald Trump's conviction on charges in New York, Republican leaders have assailed the Justice Department for what they claim is a 鈥渢wo-tiered鈥 system of justice that targets conservatives. They play down the department's current prosecution of Hunter Biden and the fact that other prominent Democrats have faced federal investigation during Joe Biden's presidency.

House Speaker Mike Johnson, R-La., said Wednesday that if Garland "wishes to demonstrate he is not running a two-tiered system of justice and targeting the president鈥檚 political opponents, he will open criminal investigations into James and Hunter Biden,鈥 under the false statements and perjury statutes.

The false statements in question, according to the House committee chairmen, include references Hunter Biden made about what position he held at a corporate entity that received millions of dollars from foreign clients. The president鈥檚 son also 鈥渞elayed an entirely fictitious account鈥 about text messages between him and his Chinese business partner in which Hunter Biden allegedly invoked his father鈥檚 presence with him as part of a negotiation tactic, according to the GOP investigation.

There is also a focus on statements James Biden made about whether the president, while a private citizen, met with a former Biden family business partner.

House Democrats said Republicans are resorting to criminal referrals because their impeachment push has effectively flamed out despite 17 months of investigating the Biden family.

鈥淭his agonizingly protracted and completely fruitless investigation has proven only that President Biden was not part of, did not profit from, and took no official actions to benefit his family members鈥 business ventures," Rep. Jamie Raskin, the top Democrat on the Oversight committee, said in a statement Wednesday.

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Associated Press writers Kevin Freking, Alanna Durkin Richer and Eric Tucker contributed to this report.

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