Republican Brass Blast FBI for Defying Order

Senior Republican lawmakers are furious after the FBI missed the deadline to respond to a subpoena. A key House committee wants the Bureau to turn over paperwork that alleges President Joe Biden was involved in a bribery scheme. The FBI isn’t cooperating, though — and it seems determined to hang on to the document.

On May 3, House Oversight Committee ranking member James Comer (R-KY) and Senator Chuck Grassley (R-IA) issued a subpoena against the FBI, requiring the Bureau to hand over a document that discusses alleged misconduct by Biden while he was vice president. The Bureau was given one week to turn over the document — but it hasn’t, and it doesn’t look like it intends to. On May 10, Acting Assistant Director Christopher Dunham wrote back to Comer, arguing that if the document he asked for is released, it could reveal details of a confidential source.

The document Comer wants is known as an FD-1023. This form is a Human Intelligence (HUMINT) report form, which a handler uses to record the information he received from a source during a meeting. Access to HUMINT reports is strictly controlled, because while it shouldn’t contain the source’s name or other personal details, it’s often possible to work out who the information came from. Dunham argues that the FBI has a duty to keep its sources confidential. He says that while Congress is entitled to ask for information, Justice Department policy is that it isn’t required to release raw investigation products like an FD-1023. Instead, he offered to provide the “specific information” the Oversight Committee wants — but not the form itself.

The legislators aren’t pleased with the FBI’s response. Comer said Dunham’s letter makes it clear that the FD-1023 he’s asking for exists, and he says it’s “unacceptable” that the FBI is willing to give them the information, but won’t let them verify it by seeing the original report. Grassley says the FBI letter “raises additional questions,” and the American people are entitled to have some answers.