McCarthy says he’ll move contempt charges against FBI director if subpoena deadline is missed

Speaker Kevin McCarthy (R-Calif.) on Tuesday warned he would move contempt charges against FBI Director Christopher Wray if he does not produce a subpoenaed document by that day’s deadline. 

House Oversight Chairman James Comer (R-Ky.) issued a subpoena earlier this month to compel Wray to produce any FD-1023 forms — records of interactions with confidential sources — from June 2020 that contain the word “Biden.”

Comer alleged, without providing details, the form he requested contains information related to “an alleged criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions.”

“So let me not just tell you. Let me tell Director Christopher Wray, right here, right now: If he misses the deadline today, I am prepared to move contempt charges in Congress against him,” McCarthy said Tuesday on Fox News.

In a letter sent to Wray on May 24, Comer expressed frustration at the FBI’s inability to accommodate the committee’s request and threatened to bring contempt charges if the subpoena deadline of May 30 was not met. 

“Instead of working with the Committee, the FBI has refused to even acknowledge whether the FD-1023 form exists. And the agency has made no attempts to engage in a reasonable accommodation process,” Comer wrote in his May 24 letter. “The FBI’s refusal to produce this single document is obstructionist.”

McCarthy’s pledge to bring contempt charges gives weight to Comer’s threat. He said he personally called Wray to tell him to produce the document. 

“Comer subpoenaed the document that he has requested. We have jurisdiction over the FBI, which they seem to act like we do not. I personally called Director Wray and told him: He needs to send that document. Today is the deadline,” McCarthy said on Fox News.

He added, “We have jurisdiction over this. He can send us that document. We have the right to look at that. Republicans and Democrats alike in that committee, and if he does not follow through with the law, we will move contempt charges against Christopher Wray and the FBI. They are not above the law.”

An FBI spokesperson told The Hill in a statement that the agency intends to cooperate with Congress.

“The FBI remains committed to cooperating with Congress’s oversight requests on this matter and others as we always have, and we continue to be in touch with members of Congress regarding this request,” the agency reiterated in its statement.

“The FBI’s mission is to protect the American people,” they continued. “Releasing confidential source information could potentially jeopardize investigations and put lives at risk.”

It would be up to the Department of Justice to decide whether to take up the referral from the House to prosecute Wray.

Rebecca Beitsch contributed.