U.S. District Judge Ana Reyes slammed the DOJ for its refusal to comply with House subpoenas in the Hunter Biden case.
Judge Reyes, appointed by President Biden and serving in Washington’s federal district court, highlighted what she perceived as hypocrisy.
She was contrasting the department’s current noncompliance with its previous actions against former Trump aide Peter Navarro, who was jailed for similar defiance.
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During a status conference initially set to address procedural matters, Reyes took the opportunity to voice her concerns about the Justice Department instructing attorneys Jack Morgan and Mark Daly not to honor the House subpoenas.
These attorneys are being subpoenaed to testify in the tax investigation of Hunter Biden’s international dealings, which the GOP thinks will be crucial to the broader impeachment inquiry of President Joe Biden.
The Justice Department believes that forcing line attorneys to testify breaches the doctrine of separation of powers.
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However, Reyes criticized this stance as overly protective and indicative of a double standard.
“I think it’s quite rich you guys pursue criminal investigations and put people in jail for not showing up,” she said, while not doing the same themselves.
She noted that such department employees are expected to appear before Congress and assert their privileges on a case-by-case basis.
While Judge Reyes appeared to agree with the DOJ’s position that the attorneys should not have to disclose sensitive details, she firmly disagreed with the department’s attempt to prevent their appearance altogether.
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She stressed that this approach undermines the legal norms the DOJ upholds in other contexts.
This judicial scrutiny comes amid broader tensions between Congress and the executive branch over the limits of legislative oversight and executive confidentiality.
Reyes emphasized the potential long-term costs of this legal battle to taxpayers, suggesting that it is in neither party’s interest to prolong a “grudge match” funded by public money.
She ordered DOJ representatives to meet with House Counsel Matthew Berry to discuss a possible resolution, underscoring the need for compromise in resolving this contentious legal dispute.
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