House Judiciary Committee v. Daly

Major Issue: Whether a federal court would enforce House Judiciary Committee subpoenas seeking oral testimony from two federal prosecutors about their prior work on a federal prosecution of the president’s son, Hunter Biden.

Case Status: Complete.

Case Description:  On March 21, 2024, the House Committee on the Judiciary filed a civil lawsuit in federal court to enforce subpoenas seeking deposition testimony from Mark Daly and Jack Morgan, two federal Tax Division prosecutors who formerly worked for Special Counsel David Weiss on a concurrent criminal investigation of Hunter Biden, son of President Joe Biden. Later relocated to other offices within the U.S. Department of Justice (DOJ), the House Judiciary Committee sought to ask them, during their time working on the Hunter Biden case, why DOJ allowed the statute of limitations to lapse on certain tax charges, why both men initially recommended criminal charges but later reversed course, and whether political interference played a role in the case.  

Procedural Posture: The House Judiciary Committee filed the case in the federal District Court for the District of Columbia. The House Judiciary Committee filed both a complaint and a motion for a preliminary injunction ordering the two DOJ prosecutors to comply with its subpoenas. The House Judiciary Committee stated that the subpoenas were part of its impeachment inquiry into President Biden. While the two prosecutors indicated a willingness to appear before the committee, DOJ instructed them not to appear, in part because the committee barred DOJ counsel from attending the depositions and in part because the subpoenas sought information about an open criminal case. On April 5 and October 23, 2024, the court held status conferences and urged the parties to reach an accommodation. As the criminal case was about to go to trial, Hunter Biden agreed to a plea deal on September 5, 2024. Prior to sentencing, on December 1, 2024, Hunter Biden received a pardon from President Biden, ending the criminal case on December 5, 2024. After President Trump was elected to a second term, the House Judiciary Committee submitted a status report on its demand for depositions with Daly and Morgan suggesting that a possible negotiated settlement was close. On May 23, 2025, the committee voluntarily dismissed the case without prejudice and without providing further information.