A federal judge criticized the Justice Department for not allowing attorneys involved in the Hunter Biden investigation to comply with House Republican subpoenas. The House Judiciary Committee filed a lawsuit seeking testimony from DOJ lawyers Mark Daly and Jack Morgan as part of an impeachment inquiry into President Biden’s alleged involvement in his family’s business dealings. The DOJ’s actions have been accused of obstructing the committee’s efforts to obtain depositions from Tax Division officials.
District Judge Ana Reyes, appointed by President Biden, chastised the Justice Department for instructing Daly and Morgan not to comply with subpoenas while pursuing criminal action against others for similar actions. She referenced former Trump White House official Peter Navarro, who was sentenced to prison for contempt of Congress for refusing to comply with a subpoena. Reyes criticized the DOJ for their position on congressional subpoenas and suggested that the government was making arguments that they would not accept from any other litigant.
Despite urging from the judge, DOJ attorney James Gilligan would not commit to instructing Daly and Morgan to testify if the House Judiciary Committee dropped their request for government counsel not to be present during depositions. The judge expressed disbelief at this response and questioned the DOJ’s position on defying subpoenas. While the Tax Division attorneys are expected to appear before Congress, they may not be compelled to answer questions that violate their privileges, according to the judge.
Daly and Morgan are involved in a five-year investigation into Hunter Biden’s alleged criminal activity, resulting in 12 charges against him for tax and gun crimes. The impeachment inquiry into President Biden is investigating whether he pressured the DOJ to handle his son’s probe with leniency, a matter that Morgan and Daly could provide insights on. Judge Reyes ordered representatives from both sides to negotiate and settle their disagreements out of court to avoid a taxpayer-funded legal battle between the executive and legislative branches.
The judge emphasized that this case was not favorable for either party and urged them to find a resolution outside of court. While Daly and Morgan are expected to testify before Congress, their ability to invoke privileges may limit the extent of their responses. The case highlights the tensions between the Justice Department, the House Judiciary Committee, and the executive and legislative branches over the Hunter Biden investigation and impeachment inquiry into President Biden’s potential involvement. The judge’s efforts to facilitate negotiations reflect a desire to avoid a protracted legal battle that could harm both parties involved.
