DOJ Tells Jim Jordan Subpoenas Not Enforceable

Washington Examiner reported that the Department of Justice of the Biden administration said on Tuesday night it would not cooperate with the subpoenas issued by a House Committee to two FBI agents who were involved in the investigation of Hunter Biden by the Department.

In a letter addressed to Jim Jordan (R-Ohio), the committee chair, DOJ Assistant attorney general Carlos Uriarte stated that the DOJ will not cooperate since the House Judiciary Committee has prohibited department lawyers from attending the depositions of the agents.

The Examiner obtained a copy of the letter.

Uriarte said that his subpoenas for the two FBI agents, Thomas Sobocinski, and Ryeshia Holey, of the Baltimore Field Office’s FBI, “lacks legal effect and can’t be constitutionally enforced.”

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The Examiner reported that “the subpoenas sent by the Committee prevent the attendance of agency lawyers at appearances of two FBI employees, where the Committee indicated it would ask questions about information they obtained within the scope and context of their official duties including the ongoing criminal investigations,” Uriarte had written.

The Judiciary Committee deposition rule is in line with House rules which prohibit department counsel from depositions.

The Examiner reported that Uriarte said the DOJ would be open to further “discussions” about Jordan’s testimony, as the DOJ had been “premature” in its response.

Early last week, the House Judiciary and Ways and Means Committees subpoenaed IRS officials and DOJ officials who were present or had direct knowledge at a meeting held in 2022 where U.S. attorney for Delaware David Weiss claimed that he was not allowed to bring charges against Hunter Biden due to tax crimes.

Subpoenas were issued after the DOJ, IRS and other witnesses refused to comply with repeated requests for voluntary transcriptions of interviews.

In his letter to Jordan Uriarte stated that negotiations in “good faith” could be conducted to have the agents appear with DOJ attorneys voluntarily, rather than appearing as depositions.

The Examiner reported that the assistant attorney general clarified that the DOJ Biden investigation led by Weiss was still ongoing and information would be restricted.

Uriarte, in a letter to Jordan, wrote: “The Department safeguards confidential information about ongoing investigations, sensitive information regarding law enforcement, and internal discussions.” This protects public interest regarding the fairness and integrity of criminal investigations. While a case is still open, and while investigative steps, prosecution decisions, or court proceedings are in progress, these concerns are amplified. “As Mr. Weiss’s office and he have stated repeatedly, his investigation is ongoing.”

Maryellen Noreika, a Delaware U.S. district court judge, rejected a plea deal proposed by Hunter Biden on July 26, when she questioned certain aspects of the agreement that would have allowed him to plead guilty and avoid a firearm charge in exchange for pleading guilty to tax offenses.