House Republicans accuse Biden's FBI of retaliating against whistleblower who exposed misconduct

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

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

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

Fertitta had blown the whistle on the FBI’s misuse of "law-enforcement authorities." After that, his security clearance evaluation process became unusually prolonged. During that time, the FBI made attempts to interrogate his wife, Emily Fertitta, and asked her to participate in a two-day interview.

When Mrs. Fertitta pushed back and asked to have an attorney present, the Department of Justice effectively denied her request.

"Documents available to the Committee show that SecD investigators denied Mrs. Fertitta the right to receive advice from an attorney during her interview and the opportunity to review FBI guidelines regarding the interview process beforehand," the letter states.

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

According to the committee, the FBI had told Mrs. Fertitta that "‘policy guides, manuals, and an agenda or outline concerning the interview will not be provided.’" 

"‘An attorney may not be able to give you advice during the interview, nor ask any questions or prevent you from answering your questions during the interview. Essentially, he/she will just sit there silently.’"

The demand to interview Mrs. Fertitta goes against the standard process for security clearance evaluations. The agency’s SEAD 4 Guidelines, the procedures that govern the standards, do not allow the agency to deny spousal privilege — a spouse’s legal right to refuse to testify against their partner in criminal cases. It also does not empower the agency to deny a request for an attorney. 

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

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

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The Judiciary Committee has requested that the FBI provide any documents related to the FBI’s investigation of the Fertitta family. FBI Director Patel has been directed to provide the committee with its requested documentation no later than Nov. 10, 2025.