The House Oversight Committee sent a subpoena to the FBI for the production of a document that a whistleblower had previously described as containing information about a criminal scheme that involved then-Vice President Joe Biden, a foreign national, and potential money exchanged for influence over possible policy decisions.
The FBI had been given until Wednesday afternoon to comply with the subpoena, but instead of the document the FBI provided House Oversight Committee Chairman James Comer, R-Ky., with a document explaining its “confidentiality interests” and the reasons why protecting sources and methods is essential for protecting U.S. national security.
Comer subpoenas for the document, which is an FBI-generated FD-1023 form following the information revealed by a whistleblower detailing information about the alleged scheme. An FD-1023 form is specifically used by FBI agents for recording unverified reports from confidential sources. The information on these reports is not examined against other information available to the FBI.
The letter by the FBI proceeds to state that the FBI is committed to complying with the “constitutionally mandated accommodation process,” adding that the bureau would provide the Committee with the necessary information for their oversight tasks but that they would be doing so while protecting the executive branch confidentiality interests. It is further noted that this is an opportunity for the FBI and committee to discuss the “confidentiality interests” so as to risk an “optimal accommodation” based on both of their needs.
It is also stated within the letter that the Department of Justice has set specific regulations about sharing material that has come from confidential human sources outside the FBI. This is the type of limitation that would affect an FD-1023 report’s ability to be shared.