Christopher Wray Won’t Turn Over the 1023

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The House Oversight Committee has a whistleblower who informed them there is a 1023 form showing an “alleged criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions.”

The whistleblower said the document “includes a precise description of how the alleged criminal scheme was employed as well as its purpose.”

The only detail we have beyond that is it’s not China.

The Committee gave FBI Director Christopher Wray until noon today to turn over the form. Wray did not turn it over. It will be interesting to see what the Committee does next.

The FBI response letter said they were “committed to beginning the constitutionally mandated accommodation process.”

What a crock. Here’s more:

“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.’”

They added: “We are committed to working together through this process.”

Of course they are.

The FBI explained that “sensitive law enforcement materials, like FD-1023 Confidential Human Source Reporting forms (FD-1023) in which you have expressed interest, are critical to FBI’s faithful execution of federal law and protection of U.S. national security.”

The letter claims there are strict limits on what they could turn over. They make this stuff up on the fly.

“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.”

Confidentiality? Really?

“…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.

“We anticipate the Committee may wish to discuss its need for the specific information you requested, and we would be pleased to coordinate with your staff to discuss whether and how we can accommodate your request without violating our law enforcement and national security obligations,” the FBI wrote.

Rep. James Comer, chair of the committee, noted that they didn’t say the document doesn’t exist.

“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,” Comer said.


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