In respective letters to Reps. James Comer (R-Ky) and Jim Jordan (R-Ohio), White House Special Counsel Richard Sauber said that the Biden administration had no immediate plans to respond to a slew of records requests that both men made the past several weeks. In those letters, obtained exclusively by POLITICO, Sauber described such requests as constitutionally illegitimate because both Jordan, who is expected to chair the House Judiciary Committee, and Comer, who is expected to head the Oversight Committee, made them before they had any authority to do so.
“Congress has not delegated such [oversight] authority to individual members of Congress who are not committee chairmen, and the House has not done so under its current Rules,” wrote Sauber, one of the White House’s top oversight lawyers.
Sauber did not rule out satisfying the requests once the next Congress is sworn in. But his letter nevertheless represents the first volley in what is likely to be a contentious and potentially litigious two years between House Republicans and the Biden White House.
[Formally, this is correct — Jordan doesn’t have authority to *demand* such production until the new session starts next week. However, the White House could have chosen to cooperate at that point without requiring a fresh demand. It’s a little silly in terms of posturing, and entirely performative. — Ed]
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