While the subpoena was legally binding, the FBI argued that because the file included an FD-1023 form, testimony from confidential human sources, it was "unverified and, by definition, incomplete," and thus had to remain protected.
"An FD-1023 form documents information as told to a line FBI agent," Acting Assistant Director Christopher Dunham said in a letter to Comer explaining the bureau's position on the matter. "Recording the information does not validate the information, establish its credibility, or weigh it against other information known or developed by the FBI."
He stated that, "the mere existence of such a document would establish little beyond the fact that a confidential human source provided information and the FBI recorded it," and should therefore not be seen as the truth.
"As is clear from the name itself, confidentiality is definitional to the FBI's Confidential Human Source program," Dunham continued. "Confidential human sources often provide information to the FBI at great risk to themselves and their loved ones. The information they provide also can create significant risks to others who may be referenced in their reporting."
Comer was less than impressed with the FBI's response, pointing out that, "the unclassified record the Oversight Committee subpoenaed exists, but they are refusing to provide it to the Committee."
He added that the Committee had also asked the FBI to divulge how it went about investigating the allegations against then-VP Biden, but they "failed" to do that as well.
"The FBI’s position is 'trust, but you aren't allowed to verify'," Comer lamented. "That is unacceptable. We plan to follow up with the FBI and expect compliance with the subpoena."
On Wednesday, Comer and the House Oversight Committee hosted a press conference wherein they revealed that there were 170 “suspicious activity reports” involving the Biden family going back years.
Comer explained that "millions of dollars from China" made its way to the Biden family, adding that it was his belief that it is "inconceivable that the president did not know" about the money.
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