The House Judiciary Committee is suing two Justice Department tax prosecutors involved in the Hunter Biden criminal investigation whom Republicans have been trying to interview for months, ratcheting up a separation of powers fight between Congress and the Biden administration that is now spilling into court.
The Republican-led committee filed the lawsuit in Washington, DC’s federal court against federal tax prosecutors Mark Daly and Jack Morgan. The committee has been demanding the men testify as part of its impeachment inquiry around the Biden family since September.
The complaint asked the court on Thursday to step in immediately with an emergency order that would force Morgan and Daly to testify. That outcome is unlikely, however, as lawsuits like these typically are part of political tactics in standoffs between Congress and the executive branch when they are controlled by opposing political parties.
Republicans have wanted to talk to these two officials as part of their probe into the DOJ’s handling of the criminal case of the president’s son, specifically wanting to ask Morgan and Daly about meetings and conversations among federal investigators and about the Departments’ protracted decision-making before charging Hunter Biden for tax avoidance. Republicans zeroed in on these two career prosecutors after IRS whistleblowers alleged that Daly and Morgan were supportive of charging the president’s son for tax crimes then changed their recommendations.
An attorney for Daly declined to comment about the lawsuit, and an attorney for Morgan didn’t immediately respond to a request from CNN on Thursday. The Justice Department is likely to represent the two DOJ officials in court to oppose the lawsuit.
Federal District Judge Ana Reyes, a Biden appointee, is assigned to handle the lawsuit,…
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