McCarthy Threatens to Hold Wray in Contempt for Refusing to Turn Over Document Alleging Biden Bribery Scheme

House Speaker Kevin McCarthy threatened to hold a vote to bring contempt of Congress charges against FBI director Christopher Wray if he fails to comply with a subpoena from House Oversight requiring the bureau to turn over an unclassified record that reportedly details allegations of a criminal scheme involving then-Vice President Joe Biden and a foreign national.

House Oversight Committee chairman James Comer had given Wray until Tuesday to comply with the subpoena.

“Let me tell Director Christopher Wray right here, right now: If he misses the deadline today, I’m prepared to move contempt charges in Congress against him,” McCarthy said during an appearance on Fox News. “I personally called Director Wray and told him he needs to send that document. Today is the deadline.” 

“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,” he added.

The subpoena came after Senator Chuck Grassley’s office was made aware of the FBI-generated whistleblower form. The FD-1023 form allegedly outlines a scheme involving the exchange of money for policy decisions and is said to have been “created or modified” on June 30, 2020.

“It has been alleged that the document includes a precise description of how the alleged criminal scheme was employed as well as its purpose,” Grassley and Comer wrote in a letter to Wray and attorney general Merrick Garland. “Based on the alleged specificity within the document, it would appear that the DOJ and the FBI have enough information to determine the truth and accuracy of the information contained within it.”

Grassley and Comer wrote that it “remains unclear what steps, if any, were taken to investigate the matter.”

“The significant public interest in assessing the FBI’s response to this information, as well as growing concern about the DOJ and the FBI’s track record of allowing political bias to infect their decision-making process, necessitate exacting congressional oversight,” the letter adds.

The subpoena calls on Wray to turn over all FD-1023 forms created or modified in June 2020 containing the term “Biden.”

A source told the New York Post the alleged bribery scheme is not believed to involve China. The outlet notes Ukrainian officials held a press conference in June 2020 to display $5 million in cash offered to end an investigation into natural gas company Burisma’s founder Mykola Zlochevsky. Biden’s son, Hunter Biden, served on the company’s board from 2014 to 2019 for a salary of up to $1 million per year.

The FBI refused to offer up the document on May 10, noting that tips are unverified and saying it had concerns about informant confidentiality.

“Releasing confidential source information could potentially jeopardize investigations and put lives at risk,” the FBI previously told the New York Post. “The FBI remains committed to cooperating with Congress’s oversight requests on this matter and others as we always have.”

After a call with Wray on May 19, McCarthy previously indicated he believed the FBI would hand over the document.

Comer sent a letter to Wray on May 24 threatening to bring contempt charges if the bureau fails to comply with the subpoena deadline.

“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. “The FBI’s refusal to produce this single document is obstructionist.”

McCarthy said Tuesday that he told Wray the FBI director could redact certain parts of the document. “But we have a right to see it. He does not have the right to choose what he can and cannot show us. We oversee the FBI and if he thinks differently, he will soon see a contempt charge in Congress against the director,” he added.

“There’s enough problems in the FBI and I will not sit back and allow him to ignore this. We will get this document. … He knows that there’s a document and we have a responsibility to see it,” McCarthy said.

Comer is set to speak with Wray in a call on Wednesday.