The National Archives and Records Administration is reportedly threatening to withhold evidence it deems “personal” with regards to the Biden family probe. House Oversight and Accountability Chairman James Comer requested further access into records on Wednesday, but claims the agency is pushing back.
In a letter to Archivist Colleen Shogan, Comer explained the issue:
In discussions between NARA and Committee staff regarding the Committee’s previous request for special access to Vice-Presidential records, NARA informed the Committee that certain documents in NARA’s custody would not be produced to the Committee—and, indeed, NARA would not inform the Committee of their existence—if NARA deems those records to be “personal records” as defined by the PRA.7 However, “personal records” are defined as those records “which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of” the Vice President.8 The Committee has made clear that its investigation involves potential abuse by then-Vice President Biden of his official duties;9 it cannot be NARA that determines whether certain records “do not relate to or have an effect upon” those duties.10 If NARA withholds from the Committee documents responsive to Committee requests, the Committee requests NARA produce a log asserting the basis for withholding the document.11 This log should state the length of the document withheld, its sender(s) and recipient(s), the time and date the document was transmitted, and the justification for NARA’s determination to withhold the document.
Comer asks for the full collection of correspondence between Hunter Biden’s business partner Eric Schwerin, who was directly coordinating with then-Vice President Joe Biden’s office on coordinating media messaging relating to Hunter and Burma Holdings. In addition to Schwerin’s emails, Comer’s letter also demands the Archives produce:
- All documents and communications to or from the Executive Office of the President (including but not limited to the Office of the Vice President) to, from, copying or regarding Schwerin, Archer, Vuk Jeremic, John Robinson “Rob” Walker, or Jeffrey Cooper;
- All documents and communications to or from Kate Bedingfield, Michael Carpenter, Kathy Chung, Amos Hochstein, Colin Kahl and Alexander Mackler to, from, copying or regarding Hunter Biden or James Biden;
- All executive calendars created for then-Vice President Joe Biden dating from January 20, 2009 to January 20, 2017.
Comer concludes:
The Committee on Oversight and Accountability has specific jurisdiction over NARA under House Rule X. Additionally, the Committee on Oversight and Accountability is the principal oversight committee of the U.S. House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
