House Oversight Committee Chairman James Comer and Sen. Charles E. Grassley said Wednesday they have confirmed with FBI Director Christopher A. Wray the existence of an FBI document alleging then-Vice President Biden engaged in a criminal bribery scheme with a foreign national.
But the lawmakers still aren’t able to get their hands on it.
After a phone call Wednesday with the FBI director, Mr. Comer said Mr. Wray has not promised to hand over the unclassified documents which were subpoenaed last month by his committee, and Mr. Comer is still preparing contempt charges if Mr. Wray refuses to turn over the documents.
“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,” Mr. Comer, Kentucky Republican, said in a statement.
“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,” he said.
The FBI said Mr. Wray, during the call, offered to provide Mr. Comer and Rep. Jamie Raskin of Maryland, the ranking Democrat on the committee, an opportunity to “review information responsive to the subpoena in a secure manner to accommodate the committee, while protecting the confidentiality and safety of sources and important investigative sensitivities.”
The FBI said its agents use the FD-1023 form to record unverified reporting by a confidential human source. “Documenting the information does not validate it, establish its credibility, or weigh it against other information verified by the FBI,” the bureau said, adding that revealing unverified or possibly incomplete information could “harm investigations.”
The FBI stressed that it continually demonstrated its commitment to work in good faith with the committee to accommodate its request.
Mr. Comer had vowed to advance a contempt resolution against Mr. Wray after he missed the initial deadline to turn over the subpoenaed records his committee requested. He would not allow the FBI to “stiff-arm” Congress’ pursuit of records about a criminal scheme involving Mr. Biden.
“The FBI informed the committee that it will not provide the unclassified documents subpoenaed by the committee,” Mr. Comer said.
“The FBI’s decision to stiff-arm Congress and hide this information from the American people is obstructionist and unacceptable.”
According to Mr. Comer, the document is based on a tip from an informant on June 30, 2020. A whistleblower tipped off Mr. Grassley, Iowa Republican, of the file on Mr. Biden.
The FBI had cited concerns about informant confidentiality with regard to the document and said its information had not been verified.
But Mr. Grassley said in a statement that, while the FBI apparently “leaked classified information” to the media in recent weeks and “jeopardized its own human sources,” the “bureau 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. This failure comes with consequences,” Mr. Grassley said.
If Republicans go forward with contempt charges against Mr. Wray, they can opt for either criminal or civil contempt charges.
Criminal contempt is voted out of the committee to the full floor. Following a successful vote, it would go to the U.S. attorney in Washington, an appointee of President Biden, who reports to Attorney General Merrick B. Garland. Mr. Wray also reports to Mr. Garland.
An alternative path for Republicans on the Oversight Committee is civil contempt, which means the GOP can file a lawsuit following the votes, and the matter goes to a federal judge. The judge could then order Mr. Wray to turn over the document. However, the document could be redacted by bureau officials.
Mr. Comer has already indicated he is interested in charging Mr. Wray with an indictment similar to what Democrats charged against former Trump White House official Stephen K. Bannon.
“We’re still drafting it, but it’s going to look very similar to what the Democrats did with Steve Bannon,” Mr. Comer said during an appearance on Fox News on Tuesday night. “That was a perfect example of a congressional committee holding someone in contempt of Congress.”
The House voted largely along party lines in January 2022 to find Mr. Bannon in contempt of Congress for failing to comply with a congressional subpoena to testify in the Democrat-led investigation of the Jan. 6, 2021, Capitol riots.
A federal court found him guilty on one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House Select Committee that was investigating the attack.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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