House Oversight Committee Chairman James Comer said he will begin contempt of Congress proceedings against FBI Director Christopher Wray if the bureau does not physically turn over the Biden document alleging a criminal bribery scheme, despite the FBI giving lawmakers access to the information at headquarters.
The document in question is an FBI-generated FD-1023 form that allegedly describes a $5 million criminal scheme involving then-Vice President Joe Biden and a foreign national relating to the exchange of money for policy decisions.
President Joe Biden speaks at the University of Tampa on Feb. 9, 2023. (Joe Raedle/Getty Images)
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Comer had subpoenaed the document and set a May 30 deadline for Wray to physically turn it over to the committee, threatening to hold him in contempt of Congress if the deadline was missed. The FBI did not comply with the subpoena but instead offered assurances that lawmakers could access the information in a secure setting. Comer announced Tuesday afternoon that he would initiate contempt of Congress proceedings.Â
FILE: House Oversight and Accountability Committee Chairman James Comer, R-Ky. (AP Photo/J. Scott Applewhite)
Comer, Sen. Chuck Grassley and Wray participated in a phone call Wednesday at 1:30 p.m. to discuss the accommodations the FBI could offer for congressional oversight efforts, while maintaining the integrity of bureau investigations.
“Today, FBI Director Wray confirmed the existence of the FD-1023 form alleging then-Vice President Biden engaged in a criminal bribery scheme with a foreign national,” Comer said in a statement. “However, Director Wray did not commit to producing the documents subpoenaed by the House Oversight Committee.
“While Director Wray—after a month of refusing to even acknowledge that the form existed—has offered to allow us to see the documents in person at FBI headquarters, we have been clear that anything short of producing these documents to the House Oversight Committee is not in compliance with the subpoena,” Comer explained.
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Comer added, “If the FBI fails to hand over the FD-1023 form as required by the subpoena, the House Oversight Committee will begin contempt of Congress proceedings.”
FBI Director Christopher Wray listens during a news conference at the Department of Justice in Washington, Friday, Jan. 27, 2023. (AP Photo/Carolyn Kaster)
Grassley said that the FBI “continues to treat Congress like second class citizens by refusing to provide a specific unclassified record.”
“Director Wray confirmed what my whistleblowers have told me pursuant to legally protected disclosures: the FBI-generated document is real, but the bureau has yet to provide it to Congress in defiance of a legitimate congressional subpoena,” Grassley said. “This failure comes with consequences.”
Despite Comer and Grassley’s dissatisfaction with the FBI’s accommodations, a source familiar told Fox News that Wray told the lawmakers they would be able to view the FD-1023 form in person in a secure setting, known as an in-camera review.
The FBI has repeatedly indicated it will not physically turn over the document to protect confidential human sources and avoid exposing methods.
The FBI on Tuesday said it “remains committed to cooperating with the Committee in good faith,” and said it would provide access to the information in a “format and setting that maintains confidentiality and protects important security interests and the integrity of FBI investigations.”
US Republican Senator from Iowa Chuck Grassley is ceremonially sworn in by Vice President Kamala Harris for the 118th Congress in the Old Senate Chamber at the US Capitol in Washington, DC, January 3, 2023. (Photo by OLIVIER DOULIERY/AFP via Getty Images)
The document is being sought after a whistleblower approached Comer and Sen. Chuck Grassley, R-Iowa, alleging that the FBI and the Justice Department were in possession of it and that it would reveal “a precise description of how the alleged criminal scheme was employed as well as its purpose.”
Last week, Comer attempted to “narrow the breadth of the subpoena” in response to FBI staff criticisms, and the committee determined “additional terms based on unclassified legally protected whistleblower disclosures that may be referenced in the FD-1023 form.” The terms included “June 30, 2020” and “five million.”
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The back-and-forth came after Comer and Grassley notified Wray and Attorney General Merrick Garland this month about the “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, Hunter Biden, about his business dealings and 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.