In a scathing rebuke, District Judge Ana Reyes, appointed by President Biden, criticized the Justice Department for apparent hypocrisy in its handling of attorneys involved in the investigation of the Biden family. During a status conference, Reyes expressed her astonishment that DOJ lawyers Mark Daly and Jack Morgan were not being allowed to provide testimony as part of the House Judiciary Committee's inquiry into the Biden family and the impeachment investigation against the president.

Reyes highlighted the disparity in treatment, referencing former Trump advisor Peter Navarro, who is currently serving a prison sentence for defying a House subpoena. In March, Navarro was charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena related to the investigation into the January 6 attack on the U.S. Capitol. Reyes questioned why the DOJ pursued criminal charges against Navarro for non-compliance while allowing current executive branch employees to do the same.

Former White House adviser Steve Bannon also faced similar contempt of Congress charges but was allowed to remain free pending appeal. Reyes emphasized the inconsistency in the DOJ's actions, stating, "You all are making a bunch of arguments that you would never accept from any other litigant." She further criticized the DOJ's position, suggesting that defense attorneys nationwide would be delighted to hear that DOJ officials could unilaterally disregard subpoenas.

The House Judiciary Committee had issued subpoenas to Daly and Morgan to gain their firsthand knowledge of alleged irregularities in the DOJ's investigation that may have benefited Hunter Biden. The committee claims that the attorneys were part of a team that initially recommended charges against Hunter Biden for suspected tax crimes during his time on the board of the Ukrainian company Burisma. However, the team later changed its stance, allowing the statute of limitations for those charges to expire.

Justice Department attorney James Gilligan argued that the decision to defy the subpoena came after careful consideration at a high level. He also pointed out that Daly and Morgan were current government employees, unlike Navarro and Bannon, who were no longer part of the government when their testimonies were demanded. However, Judge Reyes remained unconvinced by these arguments.

Reyes also expressed her incredulity at the Trump-era Office of Legal Counsel's opinion, which stated that executive branch employees could defy subpoenas in the absence of Justice Department lawyers. Additionally, she was astounded when Gilligan refused to commit to instructing Daly and Morgan to testify if the committee dropped its objection to government counsel being present during their depositions.

The criticism by Judge Reyes sheds light on the perceived inconsistency in the Justice Department's stance on subpoenas and raises questions about the impartiality and fairness of the Biden administration's approach to investigations. The case continues to provoke debate and scrutiny as the House Judiciary Committee seeks answers concerning the Biden family's involvement and the alleged irregularities in the DOJ's handling of the investigation.