The Department of Justice (DOJ) under President Biden's administration has declined to comply with subpoenas issued to two FBI agents involved in the investigations into Hunter Biden.
The subpoenas were issued by the House Judiciary Committee, which had set limits for the agents' depositions. The DOJ's refusal to cooperate was communicated in a letter from Assistant Attorney General Carlos Uriarte to Committee Chairman Jim Jordan, a document obtained by the Washington Examiner.
Uriarte stated in the letter that the subpoenas "lack legal effect and cannot constitutionally be enforced." The reason for this, according to Uriarte, is that Jordan had barred DOJ lawyers from attending the depositions.
Uriarte wrote, "The subpoenas issued by the Committee prohibit the attendance of agency counsel at appearances by two FBI employees where the Committee has indicated it will ask questions regarding information they learned within the scope of their official duties, including regarding the ongoing criminal investigation."
The Assistant Attorney General further argued that the subpoenas for FBI Baltimore Field Office special agents Thomas Sobocinski and Ryeshia Holley were "premature." Uriarte indicated that the DOJ was open to continuing "discussions" with Jordan. The Chairman's rules, which align with House rules, prohibit department counsel at depositions.
However, the DOJ and the committee could still negotiate for the agents to appear voluntarily, accompanied by DOJ lawyers, rather than being compelled to attend a deposition.
Uriarte's letter also contained repeated warnings about the ongoing nature of the DOJ's investigation into Hunter Biden, led by newly appointed special counsel David Weiss. Uriarte suggested that the sharing of nonpublic information about the current investigation could be limited due to the ongoing nature of the investigation. He wrote, "As Mr. Weiss and his office have repeatedly stated, his investigation remains ongoing."
The DOJ's refusal to comply with the subpoenas comes in response to the committee issuing four subpoenas in total. Two were directed at the FBI agents, and the remaining two were issued to IRS agents, IRS Director of Field Operations Michael T Batdorf, and IRS special agent in charge Darrell J Waldon.
According to Jim Jordan and Jason Smith, the four agents have knowledge of a meeting that occurred on October 7, 2022. During this meeting, David Weiss allegedly stated that he was not the "deciding person" on whether charges would be filed against Hunter Biden, despite being the lead prosecutor on the case.
Waldon, Sobocinski, and Holley reportedly attended the October meeting, while Batdorf had "direct knowledge" of the meeting after receiving an email from Shapley detailing the events. Smith and Jordan have alleged that the investigation into Hunter Biden has been 'purposefully slow-walked" based on testimony from two former IRS agents.
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