House Oversight Chair James Comer (R-Ky.) said Tuesday he plans to bring contempt of Congress proceedings against FBI Director Christopher Wray after the agency refused to provide a document reviewing an interaction with a confidential source.

Comer issued a subpoena earlier this month to compel Wray to produce any FD-1023 forms — records of interactions with confidential sources — from June 2020 that contain the word “Biden.”

“Today the FBI informed the committee that it will not provide the unclassified statements subpoenaed by the committee. The FBI’s decision to stiff-arm Congress and hide this information from the American people is obstructionist and unacceptable,” Comer said in a statement released on Twitter. 

Though the two men plan to speak about the subpoena on Wednesday, Comer said he still plans to bring the issue for a vote in committee. 

“While I have a call scheduled with FBI Director Wray tomorrow to discuss his response further, the committee has been clear in its intent to protect congressional oversight authorities and will now be taking steps to hold the FBI director in contempt of Congress for refusing to comply with a lawful subpoena,” he said.

The House Oversight Committee would have to approve such a measure. It would then go to the full House for a vote.

However, the move would likely result in little more than a formal admonishment. It’s up to the Department of Justice whether to take the referral from Congress, leaving Attorney General Merrick Garland responsible for determining whether to prosecute a top law enforcement official.

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