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1 1 (June 5, 2023)

handle is hein.crs/govelvv0001 and id is 1 raw text is: Congressional_______ R a 0esearch Servic1 Criminal Contempt of Congress: Frequently Asked Questions June 5, 2023 The House Committee on Oversight and Accountability (Committee) has been engaged in an oversight dispute with the Federal Bureau of Investigation (FBI) over an agency document that reportedly contains information regarding an alleged criminal scheme involving then Vice President Biden. The Committee's original subpoena, issued on May 3, 2023, demanded the production of any FBI form FD- 1023-a form used to record unverified reporting from a confidential human source-containing the term Biden. The Committee shortly thereafter narrowed the subpoena by adding additional terms to limit the number of responsive documents. The amended subpoena contained a return date of May 30. In response, the FBI briefed the Committee and expressed a willingness to pursue an optimal accommodation, but it did not provide the Committee with documents responsive to the subpoena. The FBI outlined its position in a May 10 letter to the Committee, asserting that It is critical to the integrity of the entire criminal justice process and to the fulfillment of our law enforcement duties that FBI avoid revealing information-including unverified or incomplete information-that could harm investigations, prejudice prosecutions or judicial proceedings, unfairly violate privacy or reputational interests, or create misimpressions in the public. The letter concluded by offering to discuss whether and how we can accommodate your request without violating our law enforcement and national security obligations. On May 30, the FBI informed the Committee that it would not provide the Committee with the subpoenaed document but would allow Chairman James Comer and Ranking Member Jamie Raskin to view the document in a secure facility. Chairman Comer and Representative Raskin will reportedly view the document and receive additional contextual information through a briefing on June 5, but Chairman Comer has reiterated that if the FBI fails to hand over the FD-1023 form as required by the subpoena, the House Oversight Committee will begin contempt of Congress proceedings against FBI Director Christopher Wray. The context of this dispute suggests that Chairman Comer is likely considering a citation for criminal contempt of Congress-a criminal offense outlined in federal law for noncompliance with a congressional subpoena. This Sidebar answers a number of frequently asked questions about criminal contempt of Congress. Congressional Research Service https://crsreports.congress.gov LSB10974 CR3 Legal Sidebar Prepared for Members and Committees of Congress

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