House Judiciary Committee accuses Biden-era FBI of retaliating against whistleblower for exposing misconduct

The Republican-led House Judiciary Committee accused the FBI with the Biden Administration of using security clearance processes to retaliate against a whistleblower who exposed alleged internal misconduct at the agency.

According to a letter sent to FBI Director Kash Patel and reported by Fox News, the agency alleges that legal protections for whistleblowers were circumvented by unusually prolonging the security assessment of special agent Valentine Fertitta and by attempting to question his wife without adequate safeguards.

The missive, signed by committee chairman Jim Jordan (R-Ohio) and Congresswoman Jen Kiggans (R-Va.), details that Fertitta alleged "misuse of law enforcement" by the FBI in 2024. Following his complaint, his security clearance renewal process was atypically extended, which the committee interprets as an attempted retaliation. During this period, the FBI asked Fertitta's wife, Emily Fertitta, to participate in a two-day interview.

According to the letter, when Emily Fertitta requested the presence of an attorney, the Department of Justice (DOJ) repeatedly 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 document states.

In addition, the FBI informed her that "she would not be provided with policy guidelines, manuals, or an agenda or outline about the interview," and that an attorney, if allowed, could only "sit quietly" without intervening.

The committee contends that this requirement violates the FBI's SEAD 4 Guidelines, which govern security clearance evaluation procedures. These standards do not permit denial of "spousal privilege" - the legal right of a spouse to refuse to testify against his or her partner in criminal contexts - or refusal of reasonable requests for legal representation.

While the Judiciary Committee did not reveal any details about the exact nature of the "misconduct" that Valentine Fertitta alleged, citing the sensitivity of the case it did require the FBI to turn over all documents related to the investigation into the Fertitta family.

For his part, Patel has been ordered to provide the requested documentation no later than Nov. 10.