News/Commentary

DOJ claims subpoenas can’t ‘be enforced’ in Hunter probe, blocks testimony from FBI and IRS agents

August 31, 2023 | | Print Article

Department of Justice Assistant Attorney General Carlos Uriarte fired off a letter to committee Chairman Jim Jordan (R-Ohio) informing him that the agency would not comply with subpoenas in the Hunter Biden probe.

(Video Credit: The Washington Examiner)

The letter informed the House Judiciary Committee on Tuesday night that it was refusing to cooperate with subpoenas for two FBI agents involved in the department’s investigation of Hunter Biden. The refusal was ostensibly because of the committee’s stipulations for their depositions.

A letter obtained by the Washington Examiner written by Uriarte to Jordan asserted that his subpoenas to the two agents “lack legal effect and cannot constitutionally be enforced” because Jordan had prohibited DOJ lawyers at their depositions.

“The subpoenas issued by the Committee prohibit the attendance of agency counsel at appearances by two FBI employees where the Committee has indicated it will ask questions regarding information they learned within the scope of their official duties, including regarding the ongoing criminal investigation,” Uriarte stated in the letter.

He also called the compelled testimony from special agents Thomas Sobocinski and Ryeshia Holley of the FBI’s Baltimore Field Office “premature.”

“While House rules do not permit department counsel at depositions, the DOJ and the committee could negotiate to have Sobocinski and Holley appear voluntarily with DOJ lawyers instead of appearing in the form of a deposition,” the Washington Examiner reported.

“Negotiations seem plausible as Uriarte was deferential to the committee’s oversight authority throughout the letter while continuously warning that its Hunter Biden investigation, led by newly appointed special counsel David Weiss, was ongoing and that information flow would be limited during that time,” the media outlet continued.

Uriarte also noted that concerns over sharing non-public details about a current investigation “are heightened while a matter is open and investigative steps, prosecutorial decisions, or judicial proceedings are ongoing. As Mr. Weiss and his office have repeatedly stated, his investigation remains ongoing.”

Jordan and House Ways and Means Committee Chairman Jason Smith (R-Mo.) previously issued the subpoenas earlier in August. Two were sent to the FBI and two were sent to the IRS in connection with the Hunter Biden probe.

“The chairmen alleged that the investigation had been ‘purposely slow-walked,’ basing the allegations in part on whistleblower testimony from two veteran IRS agents involved in the investigation. The whistleblowers testified in May about a meeting that occurred last October during which Weiss allegedly said he lacked the necessary authority to bring certain charges against Biden,” the Washington Examiner noted.

Jordan claims that Sobocinski and Holley had jurisdiction over the FBI’s Wilmington office. That’s where the Biden investigation was based. He also stated that they were present at the October meeting.

The DOJ is asserting that Special Counsel David Weiss will prepare a “report for the attorney general” that will explain his “prosecution and declination decisions” at the end of the probe into Hunter Biden.

“The Attorney General has committed to making public as much of that report as possible, consistent with legal requirements and Department policy,” Uriarte wrote to the Republicans Tuesday.

Uriarte claims his team remains “hopeful” that they can reach an agreement on accommodations for “timing and topics for testimony.”

Users on X responded to the DOJ going rogue and basically telling the House Judiciary Committee to get stuffed:

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