On Tuesday, the House of Representatives will begin the process of formally authorizing their impeachment inquiry into President Biden, which will give Congressional investigators stronger arguments in court when those who fail to comply with subpoenas are referred to prosecutors. The first person who could face such a prosecution is none other than Hunter Biden, who’s been subpoenaed to submit to a closed-door deposition on Wednesday of next week. 

On Thursday, the House Rules Committee announced that it will take up the impeachment inquiry authorization bill on Tuesday, with full House passage either taking place the same day or on Wednesday. “On Tuesday, December 12th, [the Rules committee] will markup H. Res. 918, a resolution directing a framework for continued impeachment inquiry investigations and upholding the House’s constitutional authorities,” the panel said in a statement Thursday. 

The text of the resolution, which was released Thursday, directs the House Oversight, Judiciary, and Ways and Means Committees “to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its Constitutional power to impeach Joseph Biden, President of the United States of America.”

The problem for House GOP leadership is the increasingly narrow margin for error within which they must operate. Following the expulsion of Congressman George Santos, Republicans now only have a three-seat majority in the chamber. If four moderate members — including the 18 Republicans who currently represent districts won by Mr. Biden in 2020 — then the inquiry will fall flat and the White House will likely stop cooperating all together. 

A member of the Ways and Means Committee, Congressman Greg Steube, told conservative podcaster Benny Johnson on Wednesday that even he isn’t sure if the inquiry authorization can pass the House. “If one other person flips or doesn’t want to vote for it that’s in a tough district, we won’t even be able to get that passed!” he said. 

Yet the nearly year-long investigation into the president and his family’s overseas business dealings may have provided enough evidence and cover for those moderates who can return to their blue-leaning districts and say that all they wanted to do was continue the investigation. 

One of those Biden-district moderates, Congressman Marc Molinaro, told Fox News on Thursday that he would support an impeachment inquiry into the president. “I think that the president needs to be held accountable, that there need to be answers to some very serious questions regarding impropriety,” he said. “Without question, there are issues of impropriety, and they need to be confronted.”

The authorization of an impeachment inquiry could spell real legal trouble — and potential prison time — for the younger Mr. Biden. In November, the chairman of the Oversight Committee, Congressman James Comer, issued a subpoena that ordered the first son to sit for an hours-long, closed-door deposition with his committee staff. Mr. Biden has refused to cooperate, saying he will only appear for a public hearing where he will have a strong defense run for him by congressional Democrats. 

Mr. Comer and the Judiciary Committee chairman, Congressman Jim Jordan, have said they will hold Mr. Biden in contempt of Congress should he fail to appear next week for the closed-door session, setting up the possibility of just another federal prosecution by the Justice Department. Mr. Biden has already been charged with three felonies at Delaware by Special Counsel David Weiss related to his lying about his drug use to purchase a handgun in 2018. Mr. Weiss continues to investigate him for tax evasion and alleged felony violations of the Foreign Agent Registration Act during his consulting for foreign entities in Communist China, Ukraine, and other countries.

Mr. Comer reiterated on Thursday that he would push the Justice Department to prosecute the first son should he fail to appear for his deposition on Wednesday. “We expect him to show up for a deposition,” he told Newsmax. “That’s what the law states. We gave him a lawful subpoena. We expect him to comply.”

Mr. Biden’s attorney, Abbe Lowell, did not immediately respond to a request for comment about the House drafting its impeachment inquiry bill.