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It is not often that a U.S. District Judge lowers the boom on government attorneys for their rank hypocrisy, but U.S. District Judge Ana Reyes did so on Friday.
She called out the Department of Justice (DOJ) attorneys for instructing its own personnel not to comply with congressional subpoenas issued by the House Judiciary Committee while simultaneously pursuing charges against former Trump officials who defied congressional subpoenas.
Reyes, who was appointed by President Joe Biden in early 2023, oversaw the status hearing in the legal dispute between the DOJ and Judiciary Committee over subpoenas the committee issued to Mark Daly and Jack Morgan, two DOJ attorneys.
The Judiciary Committee sued Daly and Morgan in March to compel them to testify, and the DOJ admittedly instructed the two attorneys not to comply.
"I think it's quite rich you guys pursue criminal investigations and put people in jail for not showing up" but then order personnel to do the same thing. “You all are making a bunch of arguments that you would never accept from any other litigant,” the judge noted.
She further highlighted the contrast between the DOJ's behavior in this case to what happened to former Trump advisor Peter Navarro, who began his four-month sentence last month for contempt of Congress after he ignored a subpoena from the House January 6 Committee.
"There's a person in jail right now because you all brought a criminal lawsuit against him because he did not appear for a House subpoena," she added.
She ordered the DOJ to negotiate a resolution with House Counsel Matthew Berry.
Morgan and Daly worked on the Hunter Biden tax investigation that has been pounded with allegations of political interference by IRS whistleblowers.
"To craft effective legislative reforms and to determine whether President Biden has committed an impeachable offense, it must have all the facts," the Judiciary complaint states. "And to uncover all the facts, the Committee requires testimony from both Mark Daly and Jack Morgan, two current or former Tax Division attorneys who have firsthand knowledge of the irregularities in DOJ’s investigation that appear to have benefited Hunter Biden."
"For example, as members of the team that recommended what charges to bring against Hunter Biden, Daly and Morgan initially agreed that DOJ should file charges for tax crimes related to 2014 and 2015. But months later, they gave a key presentation and argued just the opposite—that Hunter Biden should not be charged for tax crimes related to those years," the complaint further argues. "DOJ ultimately allowed the statute of limitations for those charges to lapse. Daly and Morgan are thus crucial to the Committee’s investigation."
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The good old rules for thee but not for me BS.