'Congress must investigate further': GOP House to bring contempt proceedings in FBI dispute

WASHINGTON – The head of the House Oversight and Accountability Committee said Monday he would initiate contempt proceedings against the FBI for the first time in history in a dispute over a document lawmakers say accuses Joe Biden of wrongdoing as vice president. The White House dismissed the dispute as "a fact-free stunt" and the FBI called a contempt vote "unwarranted."

The FBI brought the document with "limited redactions" to Capitol Hill for review Monday by the chairman, Rep. James Comer, R-Ky., and the top Democrat on the panel, Rep. Jamie Raskin of Maryland. But Comer said anything short of providing the document to the committee was unacceptable. Contempt hearings will begin Thursday, he said.

"Given the severity and complexity of the allegations contained within this record, Congress must investigate further," Comer said.

The threatened contempt resolution is the latest clash between House Republicans and the Biden administration heading toward the 2024 election. Congressional committees have scrutinized Biden's son Hunter's overseas business deals for evidence of influence peddling, while Biden and the White House have said he has no role in those deals.

Here’s what we know about the dispute:

What is the document at stake?

Comer subpoenaed the FBI for a document, called a FD-1023 form, on May 3. He said the document contained information accusing Biden of engaging “in a criminal bribery scheme with a foreign national.”

The FBI didn’t hand it over. But in a call May 31 with Comer, Wray said Comer and Raskin could examine the document “while protecting the confidentiality and safety of sources and important investigative sensitivities.”

The FBI said FD-1023 forms contain unverified reporting from confidential human sources. Revealing unverified or incomplete information could hurt investigations, prejudice prosecutions, violate privacy or create misimpressions, according to the agency. The FBI also said it protects the confidentiality of sources.

The agency issued a statement Monday saying it demonstrated its commitment to accommodate the panel's request by providing the document while still protecting the safety of sources and the integrity of investigations.

“The escalation to a contempt vote under these circumstances is unwarranted," the FBI statement said.

But Comer said anything short of providing the document to the committee “is not in compliance with my subpoena.” He said Monday after reviewing the record that a "highly credible informant" alleged a $5 million bribery scheme involving Biden.

"Americans have lost trust in the FBI’s ability to enforce the law impartially and demand answers, transparency, and accountability," Comer said. "The Oversight Committee must follow the facts for the American people and ensure the federal government is held accountable.”

Raskin said published reports suggest the document deals with Ukraine, from a time when Trump’s personal lawyer, Rudy Giuliani, was investigating Biden’s activities in that country as vice president. The document features a confidential informant relaying information from another person, Raskin said.

“No only were there no criminal charges, there was no escalation of the FBI investigation,” Raskin said. “I would hope my colleagues would think long and hard before holding the director of the FBI in contempt for what the Trump administration and William Barr did back in 2020.

Trump’s attorney general, Bill Barr, assigned Scott Brady, the U.S. attorney for the western district of Pennsylvania, to review the allegations and they chose not to escalate the inquiry from an assessment to a preliminary investigation. Barr said officials have “to be very careful” with information from Ukraine, to check whether it’s verified.

“We can’t take anything we received from Ukraine at face value,” Barr said.

Comer says fight hurts Biden, but Democrats call it a political spectacle

Comer acknowledged on Fox News on May 22 his inquiries could hurt Biden politically.

"Absolutely. Absolutely. There's no question," Comer said. "You look at the polling, and right now Donald Trump is seven points ahead of Joe Biden and trending upward, Joe Biden's trending downward."

Raskin accused Republicans of trying to create a spectacle of holding the FBI director in contempt for the first time in history, for a document they can already read. Raskin questioned why Trump's poll numbers should be a gauge for a congressional investigation.

“How should that be the basis for measuring the success of a legislative oversight committee in the House of Representatives?” Raskin asked.

Sen. Charles Grassley, R-Iowa, told Fox News the review is part of congressional oversight of the agency.

“We’re not interested in whether the accusations against Vice President Biden are accurate or not,” Grassley said. “We’re responsible for making sure the FBI does its job and that’s what we want to know.”

A White House spokesman dismissed the inquiry as a political stunt.

"This is yet another fact-free stunt staged by Chairman Comer not to conduct legitimate oversight, but to spread thin innuendo to try to damage the President politically and get himself media attention," said Ian Sams, a White House spokesman.

Impact of contempt uncertain

The impact of a contempt vote is uncertain, even if the committee and the full House adopt the resolution. Congress relies on the Justice Department, which includes the FBI, to pursue criminal contempt charges.

House Democrats previously voted to hold four Trump aides in contempt. The department charged two men: political strategist Steve Bannon, who is appealing his conviction and four-month sentence, and trade adviser Peter Navarro, whose trial is set for September. The department decided without explanation against charging chief of staff Mark Meadows or deputy chief of staff Dan Scavino.

House Democrats also voted to hold Barr in contempt for defying a subpoena about a citizenship question in the 2020 census. But the department he headed declined to pursue criminal charges.

Democrats contend House Speaker Kevin McCarthy, R-Calif., has no standing to enforce a subpoena because he defied one that was issued to him during the investigation of the Capitol attack on Jan. 6, 2021. The investigative committee sought McCarthy’s testimony because he spoke with Trump during the riot, but he and other lawmakers who were subpoenaed weren’t held in contempt.

This article originally appeared on USA TODAY: House GOP sets contempt hearings against FBI over Joe Biden document