Washington, D.C. – A federal judge in Washington, D.C. reprimanded the Department of Justice on Friday for advising two of its employees to not appear for depositions connected to a Republican-led impeachment inquiry against President Joe Biden. U.S. District Judge Ana Reyes highlighted that the rules apply to everyone, including Justice Department lawyers who defied congressional subpoenas.
The House Judiciary Committee filed a lawsuit against Mark Daly and Jack Morgan, both from the Justice Department’s tax division, after they refused to comply with subpoenas for the investigation into Hunter Biden. The committee was looking into whether the president’s son received preferential treatment and if Biden abused his power to interfere with investigations into his son.
Daly and Morgan were subpoenaed twice but did not appear for their scheduled testimony in early March. The hearing on Friday marked the first time lawyers for the House Judiciary Committee and the Justice Department appeared in court following the lawsuit filed last month.
Judge Reyes expressed concerns about the Justice Department’s reluctance to have its line attorneys deposed, citing separation-of-powers issues. She emphasized the importance of adhering to congressional subpoenas and raised the possibility of compelling the witnesses to testify under oath.
The Justice Department argued that allowing line attorneys to be questioned in an open criminal investigation could raise privilege objections, limiting their ability to provide substantive answers. However, Judge Reyes pushed back, highlighting the importance of respecting the legal process and the need for compliance with subpoenas.
Reyes ordered the lawyers from both sides to engage in negotiations to reach a compromise regarding the depositions. If an agreement cannot be reached, she threatened to put the witnesses under oath in a future hearing. Additionally, both parties were tasked with providing estimates of the hours and costs involved in the litigation.
The House GOP-led impeachment inquiry into President Biden has not presented any evidence of criminal wrongdoing. However, members of the Oversight Committee have hinted at the possibility of seeking criminal referrals instead of impeachment. The inquiry faced challenges recently when an FBI informant, Alexander Smirnov, was indicted for providing false information related to Biden and his son.
Overall, the legal battle surrounding the subpoenas and depositions highlights the ongoing political divisions and power struggles between Congress and the executive branch, with the judiciary playing a critical role in mediating disputes.