In a bold move on Tuesday, Representative Kevin McCarthy (R-CA) threatened to bring contempt of Congress charges against FBI Director Christopher Wray by calling for a vote on the matter.
The standoff between the House Oversight Chairman James Comer (R-KY) and the FBI revolves around a document that is believed to contain allegations of a criminal “bribery” scheme involving President Joe Biden. Over the past few weeks, Comer has been demanding the release of this document, issuing a subpoena with a final deadline set for May 30.
During an appearance on Fox News, McCarthy declared, “I am going to notify Director Christopher Wray this very second. If he misses the deadline today, I am prepared to move contempt charges against him in Congress.” He emphasized that both Republicans and Democrats on the committee have an equal right to investigate, and if Wray fails to comply with the law, they will not hesitate to file contempt charges against him and the FBI.
According to Comer, the Department of Justice (DOJ) and the FBI possess an unclassified FD-1023 form that allegedly documents a conspiracy involving Biden and a foreign national during his time as vice president. Senator Chuck Grassley, a Republican from Iowa, shares this belief.
In a letter to Wray, Comer suggested that the FD-1023 form might contain references to “five million” and “June 30, 2020.” These phrases are believed to relate to the date on the form and the alleged payment made by the foreign national to influence a specific policy outcome.
While the FBI has confirmed that FD-1023 forms are used to document information obtained from reliable human sources, lawmakers claim that the FBI has not acknowledged the existence of the specific file they are seeking. McCarthy previously spoke with Wray over the phone, but the Bureau remains cautious about discussing informant information that has not been independently verified.
Responding to the situation, the FBI stated on Tuesday that it is committed to cooperating with Congress’ oversight requests and is still in contact with members of Congress regarding the document in question. However, the Bureau also emphasized its duty to protect the American people, warning that disclosing sensitive information could jeopardize ongoing investigations and endanger lives.
In a separate conversation with radio host Hugh Hewitt, McCarthy raised concerns about privacy, suggesting that if there are issues with the sources or the locations where the information was obtained, names should be redacted to ensure anonymity. Nevertheless, he stressed the importance of producing concrete evidence.
If the Republican-controlled House approves a criminal contempt referral to the DOJ, Wray could face penalties, including fines and a potential prison sentence of up to one year if federal prosecutors take up the case. However, the American Bar Association points out that there are other legal avenues available, such as civil enforcement.