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congress. and i think perhaps jamie raskin said it best in his five minutes or so, talking during the hearing, he has not failed to comply with the subpoena, not only did he show up today but his lawyers have been negotiating in good faith about the appearance since he obtained the subpoena so it would be completely unprecedented for doj to proceed with a criminal case here and i think hunter biden and his team wanted to really put the nail in that coffin, that he should not be criminally charged here, no matter what happens, no matter whether doj handles this as it normally would, or whether they decide to refer this to hunter biden's special counsel, david weiss, for resolution. >> jen, i think we can see, this is an election year, it does seem republicans are not operating in full faith with some of these investigations. but i think we should be clear about the process. it is up to them to determine

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let's be clear once again, republicans have produced zero evidence linking the president to any wrongdoing. and in fact, republicans, over and over and over again, in the house, outside the house, across the country, are saying themselves that there's no evidence, so the one thing there is bipartisan agreement on is that there is no evidence linking the president to any sort of business dealing or wrongdoing. but hunter biden is going through his own judicial process and that's when the information will come out. but republicans are more interested in these clowns show political stunts. they do it every day. we are facing a government shutdown over the course of the next week. >> lastly, the efforts not only to impeach biden but key members of his administration including secretary mayorkas over the record number of migrant encounters that we saw in december, do you believe that mayorkas has been

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president trump because they refused to even negotiate at all. when you're looking at the criminal standard, it's not quite well congress gets to have it the way they want it and if you don't comply with their demands, you potentially go to prison. it's a different standard. if you negotiate at all in good faith, at least that's how doj has considered it in the past, then you will not be criminally charged. there is no basis under the set of facts, for hunter biden to be charged. but i think doj will, as they always do, take a referral from congress and give it some thought at least, before coming forward with their decision. >> i think it was peter navarro you were speaking about. i just wanted to google it before i said. >> sorry. >> no. it was peter navarro. >> thank you for your perspective. let's expand the conversation with someone who was in that hearing, joining us is california democratic congressman robert garcia, he's a member of the homeland security committing. obviously there are proceedings in place that prevent hunter biden from doing a hearing then

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what happened today. republicans are only interested in creating as much chaos and dysfunction as possible. >> you do write the rules when it comes to a determination on how an appearance is to take place, though, it's up to them, even if comber initially said he would do it publicly and now he wants to do it privately, it's still up to republicans on the committee. >> it is, and i made a motion in the committee, when it was my turn to speak, to actually hear from hunter biden directly, either today, or at a future hearing. and they rejected that motion, so they could have at that moment, accepted a public hearing which we want to have, which hunter biden himself wants to have but they are not interested in that. let's remember who's driving the car here. this is all about marjorie taylor greene, on day one of president biden's inauguration, she filed an impeachment motio n

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press secretary was giving a briefing to the press and was asked about hunter biden surprise appearance before the house oversight committee today. he didn't appear to answer their questions but he showed up during a hearing, without members being aware that he was going to be there, at least according to the members. let's listen to what karine jean-pierre said a few moments ago. >> was though white house informed that hunter biden would show up on the hearing today? >> hunter is a private citizen, he's not a member of this white house. he makes his own decisions. like he did today, about how to respond to congress, so i would refer you any further questions, any questions about this process, i refer you to hunter's representatives. >> so we are following

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on his very first day in office, so this is her impeachment fantasy, this is donald trump's impeachment fantasy come to life, where they are upset to do whatever they can to ensure that they stop president biden and try and have this revenge fantasy of donald trump and marjorie taylor greene. so we are hoping to having the sunshine in and the hearing but they rejected it once again today. >> republicans argue that hunters testimony would help prove wrongdoing by president biden which the white house has denied. i want to be clear about this. republicans have not shared any direct evidence that joe biden profited off of these business dealings when he was in office. they do, however, point to witness testimony that hunter sought to enrich himself based on axis or the illusion of access to his father. can you say with 100% certainty that joe biden wasn't aware that hunter was doing that? >> absolutely, i mean there is zero evidence linking president biden to any sort of wrongdoing. hunter biden is going through a judicial process right now.

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hearing. and republicans were trying to make the case that just because he hasn't committed a crime necessarily, that gross incompetence is still a standard for impeachment. >> democrats a policy disputes are hardly rising to the levels of high crimes and misdemeanors. they see this is a political stunt on behalf of the republicans, so republicans are trying to move quickly on this. this is likely going to be one of a handful of hearings from the homeland committee before they eventually try to move to the full floor. >> melanie, standby. let's take it over to jennifer rogers. i'm curious to get your thoughts on this appearance by hunter biden, really, a surprise. what do you make of that strategy? >> it's interesting, i mean, i don't know what it is, apr or political strategy but i think it's pretty smart as a legal strategy. hunter biden is fighting two criminal cases already, he certainly doesn't want to have a third for contempt of

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determine whether to prosecute the president son. they are already looking into hunter biden over other charges but no doubt, just a remarkable moment here on capitol hill, as republicans pursue their impeachment inquiry into joe biden. >> just when you think you've seen it all. the house also began its first hearing on whether to impeach homeland security secretary mayorkas over his handling of the border crisis, what is happening there? >> so this comes as the impeachment inquiry has really struggled, republicans have failed to come up with a definitive link between president joe biden and his sons foreign business deals and as the search of migrants across the border has become such a big issue, they are prioritizing impeaching mayorkas . i talked to mark green, he's the chairman of the committee and he said it's the first hearing and so far it's a rehash of an investigation that he had been conducting. but mayorkas was not at this

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surprise, dramatic appearance from hunter biden and it led to fireworks at the beginning of the hearing. let's take a listen to one of those contentious exchanges. >> you are the epitome of white privilege, coming into the oversight committee, spitting interface, ignoring a congressional subpoena to be deposed. what are you afraid of? you have no balls to come up here -- >> esther chairman -- >> mr. chairman. >> if the gentle lady wants to hear from hunter biden, we could hear from him right now. -- >> am i not allowed to speak -- >> hold on hold on. >> are women allowed to speak? >> now this hearing is still ongoing, as well as another hearing in the house judiciary committee which is also marking a resolution that would refer hunter biden to the doj for contempt of congress but ultimately, if the full house does pass this resolution which we are expecting to happen as early as next week, it's going to be up to the doj to

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Sunday Night in America With Trey Gowdy

>> folks in the republican majority, slight as it is are citing things for which joe biden and jim jordan in the house judiciary committee and not early intervention program peachment hearings -- impeachment hearing ands why not do it the right way and the democrat didn't do it and president trump the first time around and they didn't do it that way and why not investigate first and charge later. >> the consent of the requirement in the constitution and that's a senate prerogative, but edwin piece, the former attorney general wrote eloquently for the heritage foundation saying there's a so equal opportunity to appoint

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