In the letter, which was obtained by NBC News, Dunham explains why the bureau can’t comply with the committee’s subpoena because of the need to protect human sources. The acting assistant director of the FBI, Christopher Dunham, sent a letter to Comer on Tuesday before his contempt threat. “The FBI’s decision to stiff-arm Congress and hide this information from the American people is obstructionist and unacceptable,” he said. In a statement Tuesday, he said the FBI informed the committee that “it will not provide the unclassified documents subpoenaed” by the panel. “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.”Ĭomer last week threatened to hold Wray in contempt if the FBI didn't provide the information by Tuesday. “While Director Wray - after a month of refusing to even acknowledge that the form existed - has offered to allow us to see the documents in person at FBI headquarters, we have been clear that anything short of producing these documents to the House Oversight Committee is not in compliance with the subpoena,” Comer said. But he “did not commit to producing the documents,” Comer said. In a joint statement, Comer and Grassley said Wray confirmed the existence of the FD-1023 form during the call. "The FBI remains committed to cooperating with the Committee in good faith,” the agency said. Wray spoke with Comer and Grassley by phone Wednesday, and after the call, the FBI said in a statement that Wray had offered to provide Comer "an opportunity to review information responsive to the subpoena in a secure manner to accommodate the committee, while protecting the confidentiality and safety of sources."
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