DOJ Asks Judge to Send Devon Archer to Prison in Alleged Attempt to Obstruct Congressional Investigation

AP Photo/Manuel Balce Ceneta

Rep. James Comer broke some interesting news Sunday morning while appearing on Fox News with Maria Bartiromo.

During the segment, Bartiromo produced a letter sent by the DOJ to the judge handling Devon Archer’s criminal case. It contained a request to set a surrender date for him to report to prison.


The unusual timing was an immediate topic of discussion between Comer and Bartiromo because Archer is set to speak to House investigators on Monday.

Bartiromo: By the way, Devon Archer is testifying on Monday. Do you ever see – you usually see – the DOJ send letters like this out on a Saturday?

Comer: Never, never. This is the first time I’ve ever heard of the Department of Justice doing anything on a Saturday.

Bartiromo: So what is this letter? Can you walk us through it? The government is apprising the court of the status of Devon Archer’s appeal of his judgment of conviction, and they request that the court set a surrender date for the defendant to report to a facility. Please walk us through what this letter says.

Comer: Yeah, the letter from the Department of Justice is trying to nudge the judge to go ahead and sentence Devon Archer for something unrelated to what we’re going to be talking to him about tomorrow. It’s odd that it was issued on a Saturday, and it’s odd that it’s right before he’s scheduled to come in to have an opportunity to speak in front of the House Oversight Committee and tell the American people the truth about what really went on with Burisma.

So, you know, I don’t know if this is a coincidence, Maria, or this is another example of the weaponization of the Department of Justice, but I can tell you this: The lengths to which the Biden legal team has gone to try to intimidate our witnesses, to coordinate with the Department of Justice, and to certainly coordinate with the Democrats on the House Oversight Committee, to encourage people not to cooperate with our investigation, to encourage banks not to turn over bank records, to encourage Treasury not to let us have access to those Suspicious Activity Reports – it’s very troubling.

And I believe that this is another violation of the law. This is obstruction of justice. But nevertheless, we’re going to continue to move forward and try to present the American people with the facts and the truth about this president and his family.


As Comer notes, it’s unusual for the DOJ to take this kind of procedural step on a weekend. Is it just a coincidence that days before Archer is set to testify, the federal government is suddenly trying to fast-track his imprisonment based on unrelated charges? No one can say for sure at this point, but that’s a pretty big coincidence given he lost his appeal nearly two months prior.

Certainly, allegations that the DOJ is seeking to stop Archer from cooperating long-term with the House investigation into the Bidens seem credible. Unless the judge does something crazy, it’s extremely unlikely his testimony on Monday will be prevented. If he has to report to prison soon after, though, that would severely hamper House investigators from continuing to garner information from him going forward.

Given the complexity of the situation, it will be nearly impossible for Comer and his colleagues to fully tap everything Archer knows in one interview. Initial answers will need to be cross-checked with other evidence which will inevitably lead to more in-depth inquiries in the future. Never mind that such a request from the DOJ on the eve of speaking to House investigators could be construed as intimidation. It sure feels like a brush-back pitch, and Comer went so far in his interview with Bartiromo to claim obstruction of justice is taking place.


Regardless, Comer pledged to keep moving forward, and the letter sent on Saturday will probably only encourage House investigators to dig even deeper in the short period of time they have.


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