FBI refuses to give Congress informant file alleging Biden took bribes as vice president

The FBI has refused to provide US Congress with an informant file alleging that President Biden took bribes while he was vice president.

House Oversight Committee Chairman James Comer (R-Ky.) had last week issued a legally binding subpoena requiring the FBI to turn over the file.

A whistleblower had alleged that the FBI document describes a criminal scheme involving then-Vice President Joe Biden and a foreign national and relating to the exchange of money for policy decisions. by noon Wednesday, but the bureau instead responded with a letter explaining its “confidentiality interests” and the importance of protecting sources and methods to protect U.S. national security.

“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.”

“An FD-1023 is one of many forms the FBI uses to collect and catalog information for its law enforcement and national security work. This form is used by FBI agents to record unverified reporting from a confidential human source,” the letter states.

The FBI explained that confidential human sources are “critical to the work of FBI as well as other members of the U.S. intelligence and law enforcement communities.”

“Department of Justice policy strictly limits when and how confidential human source information can be provided outside of the FBI,” the letter states.

“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.”

The FBI said “even confirming the fact of the existence (or nonexistence) of an investigation or a particular piece of investigative information can risk these serious harms,” which is “why it is — and has long been — standard practice for law enforcement agencies to decline to confirm or deny such a fact.”

“Thus, your request for a single FD-1023 report that you say includes a ‘precise description’ of an ‘alleged criminal scheme’ risks the harms that our confidentiality rules protect against,” the FBI wrote.

Reacting to FBI’s letter, Senator Chuck Grassley (R-Iowa) and House Committee on Oversight and Accountability Chairman James Comer issued the following statements on the FBI failing to comply with Chairman Comer’s subpoena seeking an unclassified FBI generated FD 1023 form that allegedly details a bribery scheme involving then-Vice President Joe Biden and a foreign national.

“While the FBI has failed to produce the specific document by the subpoena deadline, their offer to provide an accommodation process in response to our legitimate request indicates the document is real. So the question remains, what did the FBI do to investigate very serious allegations from an apparent trusted FBI source implicating then-Vice President Biden? Today’s letter from the FBI raises additional questions, including whether the FBI has an open investigation based on these allegations. The American people pay the FBI’s salaries, and they’re entitled to a fulsome response,” Grassley said.
“It’s clear from the FBI’s response that the unclassified record the Oversight Committee subpoenaed exists, but they are refusing to provide it to the Committee. We’ve asked the FBI to not only provide this record, but to also inform us what it did to investigate these allegations. The FBI has failed to do both. The FBI’s position is ‘trust, but you aren’t allowed to verify.’ That is unacceptable. We plan to follow up with the FBI and expect compliance with the subpoena,” said Chairman Comer.

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