House Judiciary Committee says Biden’s FBI retaliated against whistleblower agent

FIRST ON FOX: The Biden administration’s FBI used a security clearance process to potentially retaliate against a whistleblower, and even attempted to interview his wife while refusing her repeated requests for an attorney, according to the House Judiciary Committee.

In a letter signed by Chairman Jim Jordan, R-Ohio, and Jen Kiggans, R-Va., the committee informed FBI Director Kash Patel on Monday that the Biden administration used a security clearance interview process to bypass whistleblower protections and investigate Special Agent Valentine Fertitta in 2024.

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Rep. Jim Jordan, Republican of Ohio, leaves a meeting of the House Republican Conference at the U.S. Capitol in Washington, June 4, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Fertitta had denounced the FBI’s misuse of “law enforcement authorities.” After that, the process of evaluating his security clearance was unusually prolonged. During this time, the FBI attempted to question his wife, Emily Fertitta, and asked her to participate in a two-day interview.

When Ms. Fertitta refused and requested the presence of a lawyer, the Justice Department effectively denied her request.

“Documents before the committee show that SecD investigators denied Ms. Fertitta the right to counsel during her interview and the opportunity to review in advance the FBI’s guidelines regarding the interview process,” the letter states.

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The Federal Bureau of Investigation (FBI) seal on the J. Edgar Hoover FBI Building in Washington, March 10, 2025. (Brendan Smialowski/AFP)

According to the committee, the FBI told Ms. Fertitta that “policy guides, manuals, and an agenda or outline regarding the interview would not be provided.”

“‘A lawyer may not be able to give you advice during the interview, ask questions or prevent you from answering your questions during the interview. Essentially, he/she will just sit there in silence.'”

The request to interview Ms. Fertitta goes against the standard process for evaluating security clearances. The agency’s SEAD 4 guidelines, the procedures that govern the standards, do not allow the agency to deny spousal privilege – the legal right of a spouse to refuse to testify against their partner in criminal cases. It also does not authorize the agency to refuse a request for an attorney.

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Federal Bureau of Investigation (FBI) Director Kash Patel speaks alongside Attorney General Pam Bondi during a news conference in Washington, May 7, 2025. (Kayla Bartkowski/Getty Images)

The committee did not detail in its communications the nature of the behavior that Valentine Fertitta had attempted to denounce in his capacity as a whistleblower.

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The Judiciary Committee requested that the FBI provide any documents relating to the FBI’s investigation into the Fertitta family. FBI Director Patel was directed to provide the committee with the requested documents no later than November 10, 2025.