Biden does not have the right to unilaterally defy a subpoena any more than Mulvaney or McGahn or others do. If he wants to legally contest a subpoena, he can and should. But - like anyone else - he must comply with the court’s ultimate order. nytimes.com/2019/12/27/us/…
Biden “clarified” his remarks just now. But he left the door open to simply refuse. He said he has complied before and thinks a subpoena here would be invalid. Maybe so - but that’s ultimately for a court to decide, not the subpoena recipient.
Maybe Biden’s testimony is completely irrelevant. There’s a good argument that it is irrelevant. So then he needs to challenge a subpoena (if he gets one) - “move to quash,” in legalese - and if the court agrees, he’s off the hook. A unilateral refusal is contrary to rule of law.
