House Oversight Committee Chairman James Comer (R-Ky.) issued a legally binding subpoena last week requiring the FBI to turn over the file by noon Wednesday, but the bureau instead replied with a six-page letter raising various objections.
“Information from confidential human sources is unverified and, by definition, incomplete,” wrote FBI acting assistant director for congressional affairs Christopher Dunham, who also argued that informant reports must also be kept private to protect sources.
“As is clear from the name itself, confidentiality is definitional to the FBI’s Confidential Human Source program,”
Dunham wrote. “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.”
The FBI official concluded: “We … hope this helps you understand that keeping this kind of source information free from the perception or reality of improper influence — and preventing the redirection of this information for non-law enforcement or non-intelligence uses — is necessary for the FBI’s effective execution of our law enforcement and national security responsibilities.”
Comer slammed the FBI’s stonewalling, but he did not immediately announce further steps to acquire the document. Congress has the power to apply financial pressure to agencies and can also use litigation to enforce its orders or attempt to shame officials through contempt votes.
“It’s clear from the FBI’s response that the unclassified record the Oversight Committee subpoenaed exists, but they are refusing to provide it to the Committee,” Comer said.