The DOJ said the subpoenas "lack legal effect and cannot constitutionally be enforced."
On Tuesday night, the House Judiciary Committee was informed by Biden’s Department of Justice that it would not be cooperating with subpoenas issued to two FBI agents involved in investigations into Hunter Biden over limits set forth for their depositions.
In a letter obtained by the Washington Examiner, DOJ Assistant Attorney General Carlos Uriarte told committee Chairman Jim Jordan that the subpoenas "lack legal effect and cannot constitutionally be enforced" because Jordan had prohibited DOJ lawyers from being in attendance at the depositions.
"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," Uriarte reportedly wrote.
Uriarte said that compelling testimony from FBI Baltimore Field Office special agents Thomas Sobocinski and Ryeshia Holley was "premature" because the DOJ has been open to continuing "discussions" with Jordan.
The rules set by Jordan align with House rules, which prohibit department counsel at depositions.
The DOJ and committee could still negotiate to have the duo appear voluntarily, with DOJ lawyers instead of being made to come forth in a deposition.
Uriarte reportedly warned throughout the letter that the DOJ’s investigation into Hunter Biden, led by the recently appointed special counsel David Weiss, was still ongoing and that information could be limited during that time.
He said that concerns about sharing nonpublic information about the current investigation "are heightened while a matter is open and investigative steps, prosecutorial decisions, or judicial proceedings are ongoing. As Mr. Weiss and his office have repeatedly stated, his investigation remains ongoing."
This comes in response to the committee sending out four subpoenas, two to the FBI agents, and an additional two to IRS agents, IRS Director of Field Operations Michael T Batdorf and IRS special agent in charge Darrell J Waldon.
Jim Jordan and Jason Smith said that the four agents have knowledge of a meeting that took place on October 7, 2022, in which David Weiss allegedly said he was not the "deciding person" on whether charges would be filed against Hunter Biden, despite being the top prosecutor in the case.
Waldon, Sobocinski, and Holley were said to have attended the October meeting, while Batdorf had "direct knowledge" of the meeting after receiving an email from Shapley detailing what had happened.
Smith and Jordan allege that the investigation into Hunter Biden has been 'purposefully slow-walked" based on testimony by two former IRS agents.
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