The FBI did not comply with the House Oversight Committee’s subpoena compelling the production of an FBI document that a whistleblower alleged describes as a criminal scheme involving then-Vice President Joe Biden and a foreign national and relating to the exchange of money for policy decisions.
House Oversight Committee Chairman James Comer, R-Ky., subpoenaed the FBI for the document, which is an FBI-generated FD-1023 form, after a whistleblower alleged that the FBI and Justice Department were in possession of it, and claimed it detailed an "alleged criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions."
They said the whistleblower alleged the document "includes a precise description of how the alleged criminal scheme was employed as well as its purpose."
Comer gave the FBI until Wednesday at noon to comply with the subpoena, but instead, the bureau sent a letter explaining its "confidentiality interests" and the importance of protecting sources and methods to protect U.S. national security.
An FD-1023 form is used by FBI agents to record unverified reporting from confidential human sources. The form is used to document information as told to an FBI agent, but recording that information does not validate in or weigh it against other information known by the FBI.
"This letter responds to your subpoena, authorized on May 3, 2023, demanding the production of documents within one week. As this was your first communication with the FBI seeking this information, please know that the FBI is committed to beginning the constitutionally mandated accommodation process," the letter states. "The FBI is committed to working to provide the Committee information necessary for your legitimate oversight interests, while also protecting executive branch confidentiality interests and law enforcement responsibilities."
"The FBI appreciates this opportunity to inform you of our confidentiality interests so that we can ‘seek optimal accommodation through a realistic evaluation of’ each other’s needs and ‘avoid the polarization of disputes.'"
The FBI added: "We are committed to working together through this process."
The FBI explained that "sensitive law enforcement materials, like FD-1023 Confidential Human Source Reporting forms (FD-1023) in which you have expressed interest, are critical to FBI’s faithful execution of federal law and protection of U.S. national security."
"An FD-1023 is one of many forms the FBI uses to collect and catalog information for its law enforcement and national security work. This form is used by FBI agents to record unverified reporting from a confidential human source," the letter states. "Reporting by confidential human sources is one important form of highly sensitive law enforcement information upon which the FBI relies to develop leads, assess the credibility of potential evidence and sources, build investigations, and take action to enforce the criminal law or protect national security."
The FBI explained that confidential human sources are "critical to the work of FBI as well as other members of the U.S. intelligence and law enforcement communities."
"Department of Justice policy strictly limits when and how confidential human source information can be provided outside of the FBI," the letter states.
"You have asked for what you say is a ‘precise description’ of an ‘alleged criminal scheme’ contained in is a single FD-1023 report. You express concern that the FBI has inappropriately ‘failed to disclose’ such a report ‘to the American people,’" the FBI states."It is critical to the integrity of the entire criminal justice process and to the fulfillment of our law enforcement duties that FBI avoid revealing information—including unverified or incomplete information— that could harm investigations, prejudice prosecutions or judicial proceedings, unfairly violate privacy or reputational interests, or create misimpressions in the public."
The FBI said "even confirming the fact of the existence (or nonexistence) of an investigation or a particular piece of investigative information can risk these serious harms," which is "why it is—and has long been— standard practice for law enforcement agencies to decline to confirm or deny such a fact."
"Thus, your request for a single FD-1023 report that you say includes a ‘precise description’ of an ‘alleged criminal scheme’ risks the harms that our confidentiality rules protect against," the FBI wrote.
"We anticipate the Committee may wish to discuss its need for the specific information you requested and we would be pleased to coordinate with your staff to discuss whether and how we can accommodate your request without violating our law enforcement and national security obligations," the FBI wrote.
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House Oversight Committee Chairman James Comer, R-Ky., told Fox News Digital that it is "clear from the FBI’s response that the unclassified record the Oversight Committee subpoenaed exists, but they are refusing to provide it to the Committee."
"We’ve asked the FBI to not only provide this record, but to also inform us what it did to investigate these allegations," Comer said. "The FBI has failed to do both."
Comer added: "The FBI’s position is ‘trust, but you aren’t allowed to verify.’ That is unacceptable. We plan to follow up with the FBI and expect compliance with the subpoena."
Comer and Sen. Chuck Grassley, R-Iowa, last week notified Wray and Attorney General Merrick Garland about "legally protected and highly credible unclassified whistleblower disclosures."
Comer and Grassley said that based on "the alleged specificity within the document, it would appear that the DOJ and the FBI have enough information to determine the truth and accuracy of the information contained within it."
The White House has maintained that the president never spoke to his son about his business dealings, and has continued to say that the president was never involved in them. Officials also say the president has never discussed investigations into members of his family with the Justice Department.
This is a developing story. Please check back for updates.
