The FBI has declined to provide Congress with an informant file claiming President Biden accepted bribes while serving as vice president, setting the stage for a potential conflict over the information. The House Oversight Committee Chairman, James Comer (R-Ky.), issued a legally binding subpoena last week, demanding the FBI submit the file by noon on Wednesday. However, the FBI responded with a six-page letter outlining various objections.
FBI acting assistant director for congressional affairs, Christopher Dunham, wrote, "Information from confidential human sources is unverified and, by definition, incomplete." He further argued that such reports must remain confidential to safeguard sources. Dunham emphasized the importance of preserving the integrity of the FBI's Confidential Human Source program and preventing the misuse of the information.
Chairman Comer criticized the FBI's refusal to comply but did not immediately announce further measures to obtain the document. Congress holds the power to apply financial pressure on agencies, enforce orders through litigation, or attempt to discredit officials via contempt votes.
Comer remarked, "It’s 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." He added that the FBI's stance is "trust, but you aren’t allowed to verify," which he deemed unacceptable. Comer stated that they plan to follow up with the FBI and expect compliance with the subpoena.
An FBI spokesperson echoed the letter's content, explaining that an FD-1023 form is used by FBI agents to record unverified reporting from confidential human sources. The spokesperson highlighted the potential harm that could arise from revealing unverified or incomplete information.
The FD-1023 informant report subpoenaed by the Oversight Committee was created or modified in June 2020, months before Biden won the presidency. Comer and Sen. Chuck Grassley (R-Iowa) wrote a letter to Attorney General Merrick Garland and FBI Director Christopher Wray stating, "We have received legally protected and highly credible unclassified whistleblower disclosures."
The Republicans continued, "Based on those disclosures, it has come to our attention that the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) possess an unclassified FD-1023 form that describes an alleged criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions."
The Oversight Committee has subpoenaed bank records from Biden family associates and reviewed over 150 Suspicious Activity Reports filed by banks to the Treasury Department regarding potential criminal activity by the first family and their associates.