Jim Jordan and James Comer get shut down in effort to block probe of right-wing activist

Washington, D.C. Attorney General Brian L. Schwalb sent a letter to Reps. James Comer (R-KY) and Jim Jordan (R-OH) on Tuesday saying that he won't be cooperating with their investigations into conspiracy theories about a far-right judicial activist.

"After thoughtful consideration, I must reiterate what I stated in my prior correspondence of November 13, 2023: our office has a longstanding policy—consistent with the policies of law enforcement agencies across the country—not to confirm, deny, or otherwise comment on potential or pending investigations," explained Schwalb.

The lawmakers sought confirmation of, and documents related to, a "reported effort to investigate Leonard Leo and certain nonprofit organizations with which he is affiliated."

Schwalb explained that refusing to confirm or deny anything preserves the integrity of the investigation.

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"Nothing in your latest letter sets forth a persuasive reason for deviating from that principled, well-established policy," said the letter.

He also explained that Congress typically doesn't request any information from federal, state, or local law enforcement from potential or pending investigations.

The approach that Congress uses typically recognizes that “such inquiries inescapably create the risk that the public and the courts will perceive undue political and Congressional influence over law enforcement and litigation decisions," he cited.

Congress doesn't have unlimited power to investigate whoever or whatever it wants, Schwalb said, citing the Supreme Court.

"Your December 18 letter does not recognize OAG’s legitimate law enforcement interests, nor does it identify a valid 'detailed and substantial' legislative purpose for your inquiry," he wrote. "Moreover, none of the cases cited in your letter support diverging from the legislative branch’s long-standing practice of eschewing interference in potential or pending law enforcement investigations."

Read the full letter to the lawmakers here.