Washington, D.C. – A federal judge criticized the Justice Department for its refusal to allow attorneys involved in the Hunter Biden investigation to comply with subpoenas issued by House Republicans. The House Judiciary Committee filed a lawsuit seeking testimony from DOJ lawyers Mark Daly and Jack Morgan as part of their impeachment inquiry into President Biden’s alleged involvement in his family’s business dealings. The committee claims that the DOJ has obstructed their efforts to depose these officials from the DOJ Tax Division. District Judge Ana Reyes, who was appointed by President Biden, accused the Justice Department of hypocrisy for imprisoning individuals who did not comply with subpoenas while instructing Daly and Morgan to do the same.
The judge referred to former Trump White House official Peter Navarro, who was sentenced to prison earlier this year for contempt of Congress after refusing to comply with a subpoena regarding the Capitol riot investigation. Reyes emphasized the inconsistency of the Justice Department’s actions by stating, “I find it rich that you pursue criminal action and put people in jail for defying congressional subpoenas, then say this here.” She further criticized the DOJ’s stance, highlighting that defense attorneys nationwide would rejoice if they could unilaterally dismiss subpoenas.
Although Judge Reyes indicated that Daly and Morgan should appear before Congress, she recognized that they may invoke privileges that could limit their responses to certain questions. Daly and Morgan have been involved in the DOJ’s investigation into Hunter Biden’s alleged criminal activity, resulting in 12 charges related to tax and gun crimes against the president’s son. The impeachment inquiry also seeks to determine if Joe Biden exerted pressure on the DOJ to protect his son. Judge Reyes ordered the House Judiciary Committee and the DOJ to engage in negotiations to settle their disagreements out of court.
Reyes expressed the need to avoid a prolonged legal battle between the executive and legislative branches, claiming it would be a disservice to taxpayers. She stated, “Bad cases make bad law… this is a bad, bad case for both of you.” The judge directed House of Representatives general counsel Matthew Berry and DOJ attorney James Gilligan to hold four hours of negotiations to resolve their differences. The outcome of these discussions could lead to a resolution outside of the courtroom.