The FBI has defied a subpoena issued by the House Oversight Committee to produce a crucial FBI-generated FD-1023 form. On May 3, a whistleblower had alleged that a document contained evidence of a criminal scheme involving then-Vice President Joe Biden and a foreign national. The scheme was believed to revolve around the exchange of money for policy decisions.
Senator Chuck Grassley and Representative James Comer called for an independent review of the matter, as the DOJ and the FBI never disclosed the information to the American people. However, it appears their efforts have been thwarted.
The scheme outlined that Biden abused his position for personal gain.
Fox News reported:
“This letter responds to your subpoena, authorized on May 3, 2023, demanding the production of documents within one week. 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 states. “The FBI is committed to working to provide the Committee information necessary for your legitimate oversight interests, while also protecting executive branch confidentiality interests and law enforcement responsibilities.”
“The FBI appreciates this opportunity to inform you of our confidentiality interests so that we can ‘seek optimal accommodation through a realistic evaluation of’ each other’s needs and ‘avoid the polarization of disputes.’”
The FBI added: “We are committed to working together through this process.”
The FBI explained that “sensitive law enforcement materials, like FD-1023 Confidential Human Source Reporting forms (FD-1023) in which you have expressed interest, are critical to FBI’s faithful execution of federal law and protection of U.S. national security.”
“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 FBI states.”It is critical to the integrity of the entire criminal justice process and to the fulfillment of our law enforcement duties that FBI avoid revealing information—including unverified or incomplete information— that could harm investigations, prejudice prosecutions or judicial proceedings, unfairly violate privacy or reputational interests, or create misimpressions in the public.”
An FD-1023 is a form used by the FBI to document information obtained during an investigation. It is also known as an FBI “302 form”. The form is typically used to document interviews, statements, and other information gathered during the course of an investigation. The information contained in an FD-1023 can be used to support criminal charges or other legal actions.
“We anticipate the Committee may wish to discuss its need for the specific information you requested and we would be pleased to coordinate with your staff to discuss whether and how we can accommodate your request without violating our law enforcement and national security obligations,” the FBI letter wrote.
Grassley and Comer’s letter: