Hunter Biden’s risk of being held in criminal contempt of Congress this week is growing with every tick of the clock — even after offering to testify behind closed-doors for the House Republicans’ impeachment inquiry into his father. The chairmen of the committees pushing for Mr. Biden’s contempt say his offer came too late, but they are open to hearing from him. 

Mr. Biden’s lawyer, Abbe Lowell, says his client is prepared to testify now that the House has officially launched its impeachment inquiry, which it had not done when it issued subpoenas back in November. 

“I write to make you aware (if you are not already) that your subpoenas were and are legally invalid and cannot form a legal basis to proceed with your misdirected and impermissible contempt resolution,” he wrote to the chairmen of the House Oversight and Judiciary Committees, Congressman James Comer and Congressman Jim Jordan, respectively. 

Mr. Lowell argues that because the subpoenas for Mr. Biden’s testimony were issued as part of an impeachment inquiry that the full House had yet to vote to authorize at that point, the subpoenas were invalid and Mr. Biden did not have to comply. “If you issue a new proper subpoena, now that there is a duly authorized impeachment, Mr. Biden will comply for a hearing or deposition,” Mr. Lowell wrote. 

Mr. Comer subpoenaed the president’s son in November for a closed-door deposition due to take place on December 13. Instead, Mr. Biden appeared on Capitol Hill that day to say he would not sit for a private deposition and would only testify publicly before the full Oversight Committee. “I’m here today to make sure that the House committees’ illegitimate investigations of my family do not proceed on distortions, manipulated evidence, and lies,” Mr. Biden told reporters. 

After Mr. Comer issued the subpoena and Mr. Biden declined to appear for the deposition, the full House voted to authorize a formal impeachment inquiry. Messrs. Comer and Jordan then moved to hold Mr. Biden in contempt of Congress — a crime that carries up to a year in federal prison should the first son be convicted.

Two of President Trump’s top advisors — Steve Bannon and Peter Navarro — have both been convicted of contempt of Congress. Mr. Bannon is appealing his four-month sentence, and Mr. Navarro is awaiting sentencing. 

Mr. Biden made another surprise appearance on Capitol Hill last week when the Oversight Committee was taking up the contempt resolution. He sat silently in the audience as Democrats pushed to have him sworn in and testify on the spot and Republicans insisted he must first appear for a private deposition. 

Messrs. Comer and Jordan say the First Son’s offer to testify on the condition of a new subpoena came too late, and they will continue to push for holding him in contempt. 

“House Republicans have been resolute in demanding Hunter Biden sit for a deposition in the ongoing impeachment inquiry,” the chairmen said in a statement. “While we are heartened that Hunter Biden now says he will comply with a subpoena, make no mistake: Hunter Biden has already defied two valid, lawful subpoenas.”

The Washington Examiner is reporting that Messrs. Comer and Jordan will issue new subpoenas purely as a courtesy to Mr. Biden, which they say is not a recognition that previous subpoenas did not have adequate legal basis. They say in a letter cited by the Examiner that Mr. Biden’s behavior is “contemptuous.” They give no indication that they will drop the contempt resolution.  

Like Mr. Biden, Mr. Bannon also made a last-ditch attempt to testify before the Select January 6 Committee after he had been held in contempt of Congress. The presiding judge in that case declined to let him do so, saying that Mr. Bannon was making a “last-ditch attempt to avoid accountability.”

Messrs. Comer and Jordan say they will continue to push for holding Mr. Biden in contempt until he appears before the committees. “For now, the House of Representatives will move forward with holding Hunter Biden in contempt of Congress until such time that Hunter Biden confirms a date to appear for a private deposition in accordance with his legal obligation,” they wrote. “While we will work to schedule a deposition date, we will not tolerate any additional stunts or delay from Hunter Biden.”

Mr. Comer previously told the Sun that the full House would take the contempt vote this coming week, though that could change depending on potential member absences. “I mean, it all depends,” he said of the three-seat Republican majority in the House. “There are a couple of members out sick today. … We have the votes” to hold Mr. Biden in contempt, the chairman said.