Liberal Groups’ Attempts to Block House GOP’s Biden Probes May Be Illegal: Conservative Legal Group

The U.S. Capitol building in Washington on Feb. 28, 2023.(Madalina Vasiliu/The Epoch Times)

The conservative America First Legal Foundation (AFL) is calling for an investigation of two progressive organizations it alleges are working to unlawfully obstruct congressional investigations relating to President Joe Biden.

In a March 16 letter (pdf) to the House Sergeant at Arms William McFarland, AFL Director of Investigations Reed Rubinstein charged that Congressional Integrity Project—a nonprofit backed by the left-wing dark money group Arabella Advisors—and Facts First USA, which is led by progressive activist David Brock, could be “unlawfully coordinating efforts to influence, obstruct, or impede the due and proper exercise of the congressional power of inquiry” into the Biden family and administration.

In October, anticipating Republican investigations to come, Brock issued a confidential memo (pdf) identifying his organization as a “SWAT team with additional capacity” to counter “disinformation narratives,” with the ultimate purpose of supporting Biden and allowing him to “stay focused on his preferred messaging during 2023 and 2024 and on his reelection campaign.”

Citing that memo, which was published in November by The New York Times, Rubinstein noted that Brock had described congressional Republicans as “attackers” and vowed to “ferociously” wage “direct attacks” in coordination with other groups against those investigating Biden and his family members.

“Mr. Brock’s plan is simplistically derivative,” Rubinstein wrote. “But in 2018 (for example), similar tactics were employed against congressional staff and members to influence, obstruct, and impede congressional hearings regarding Brett Kavanaugh. Therefore, there is ample reason to take seriously the promises made by Mr. Brock and his dark money affiliates of ‘direct attacks,’ ‘backlash,’ and coordinated ‘maximum pushback’ against members, staff, and witnesses.”

Although Rubinstein does not cite any specific examples of concerning behavior from Congressional Integrity Project, he lists the group as an affiliate of Brock and Facts First USA that should also be investigated.

The law Rubinstein holds the groups to be in potential violation of is 18 U.S.C. § 1505, which prohibits corrupt or threatening attempts to influence, obstruct, or impede the “due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress.”

“Here, congressional oversight of Mr. Brock and his dark money network may also be appropriate to expose the breadth of and funding sources for the planned interference, obstruction, or disruption of House oversight activities,” Rubinstein wrote, adding that McFarland, as sergeant of arms, has the authority to enforce the law within the walls of Congress and make arrests where necessary.

“Federal law grants you the same law enforcement authority as a member of the Capitol Police,” he noted. “Intimidation of congressional witnesses or whistleblowers, obstructing official congressional investigations, or otherwise interfering with constitutional obligations and rights are all crimes within your purview.

“Consequently, an investigation of Mr. Brock and his affiliates, including but not limited to the Congressional Integrity Project and Facts First USA, is appropriate.”

Brock is the founder of the liberal Media Matters for America and the American Bridge 21^st Century super PAC.

In his October memo, Brock noted that Facts First USA would work in “partnership” with American Bridge to conduct opposition research on House Republicans who were anticipated to lead key investigative committees, including House Judiciary Committee Chairman Jim Jordan (R-Ohio) and Oversight and Accountability Committee Chairman James Comer (R-Ky.), among others.

Congressional Integrity Project, on the other hand, has received more than $1.5 million in donations from Sixteen Thirty Fund, which is backed by Arabella Advisors, a consulting firm that manages the largest left-wing dark money network in the country.