House Republicans voted to hold Attorney General Merrick Garland in contempt of Congress for failing to comply with a subpoena requesting audio recordings of President Biden’s interview with a special counsel investigating his handling of classified documents. The Justice Department declined to provide the recordings, leading to the vote in which Republicans argued that Congress’s authority needed to be defended. This move comes amid heightened tensions between Republicans and the Justice Department under President Biden, with claims that the Department has targeted conservatives.
Contempt findings have become common for attorneys general due to the politicized nature of Congress. Both Democrat Eric H. Holder Jr. and Republican William P. Barr have been held in contempt in the past, but neither case was prosecuted. The current issue revolves around audio recordings of President Biden’s interview, with Rep. James R. Comer arguing that the recordings are needed for an impeachment investigation and to examine the president’s mental fitness. Democrats have pushed back against the contempt proceedings, accusing Republicans of trying to distract from their impeachment efforts.
Media organizations have also sought access to the audio recordings, with Mr. Garland resisting the release on the grounds that it could jeopardize the confidentiality of other law enforcement investigations. Mr. Biden asserted executive privilege to deny House Republicans access to the recordings, potentially shielding Mr. Garland from prosecution. The case now goes to the U.S. attorney in Washington to decide whether to prosecute, although prosecutors are unlikely to move forward with criminal charges due to executive privilege.
The Justice Department has previously opted not to pursue charges against executive branch officials who defy subpoenas once executive privilege has been invoked. In this case, the Department has pointed to the lack of a legitimate legislative purpose for seeking the audio, arguing that Republicans simply want to use it for political gain. Despite this, the Justice Department has prosecuted contempt cases in the past, including allies of former President Trump who refused to cooperate with the House committee investigating the January 6, 2021, attack on the Capitol.
Democrats have criticized Republicans for politicizing the committee process and baselessly attacking an honorable man in Attorney General Garland. Representative Adam B. Schiff argued that Republicans were bringing contempt upon themselves with their actions. The Justice Department’s decision not to prosecute similar cases involving executive branch officials who defy subpoenas after executive privilege is invoked suggests that criminal charges against Mr. Garland are unlikely to move forward in this case. As tensions between Republicans and the Justice Department continue, the outcome of this situation remains uncertain.
