The FBI has declined to comply with a House Oversight Committee subpoena for an FBI document that a whistleblower claims contains a description of an alleged criminal scheme involving then-Vice President Joe Biden and a foreign national.
The committee, led by Republican chairman James Comer of Kentucky, issued the subpoena last week, demanding the FBI produce the document, an FBI-generated FD-1023 form, which the whistleblower alleges contains a “precise description” of a “criminal scheme” involving Biden and a foreign national related to the “exchange of money for policy decisions.”
In response, the FBI sent a letter to the committee explaining its “confidentiality interests” and the importance of protecting sources and methods to protect U.S. national security.
“This letter responds to your subpoena, authorized on May 3, 2021, demanding the production of documents within one week,” the letter states. “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 goes on to explain that the FD-1023 form is used by FBI agents to record unverified reporting from confidential human sources, and 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.”
It also states that “Department of Justice policy strictly limits when and how confidential human source information can be provided outside of the FBI.”
“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 letter reads.
Chairman Comer expressed his frustration with the FBI’s refusal to comply with the subpoena, telling Fox News Digital, “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.”
Comer added, “We’ve asked the FBI to not only provide this record, but to also inform us what it did to investigate these allegations. The FBI has failed to do both. 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.”
The White House has maintained that President Biden never spoke to his son about his business dealings and that he was never involved in them. Officials also say the president has never discussed investigations into members of his family with the Justice Department.
The FBI’s decision to refuse the subpoena has raised questions about the extent of their investigation into the matter and why they are unwilling to provide the document in question. The House Oversight Committee is continuing to press the FBI for answers, and it remains to be seen whether the bureau will comply with their request.