House Republicans are taking steps to hold Attorney General Merrick Garland in contempt of Congress for refusing to provide audio recordings of special counsel Robert Hur’s interviews with President Joe Biden. The Oversight and Judiciary committees will each hold markups on reports recommending a contempt resolution against Garland. The resolution, if passed, would move to the House floor for a vote, although the timing of that vote is unclear. The subpoenas for the recordings were issued shortly after Hur closed his investigation into Biden’s handling of classified documents.
Republicans have focused on Hur’s characterization of Biden as a “well-meaning, elderly man with a poor memory” in his final report as a basis for seeking the audio recordings. CNN has also sued for access to the recordings of Biden’s interview with federal investigators regarding the closed probe. With their impeachment inquiry into Biden stalled and lacking evidence of impeachable offenses, Republicans are struggling to find ways to potentially target other members of the administration. The Department of Justice has released most of the subpoenaed materials but has held firm on not providing the audio recordings, citing the lack of a legitimate legislative purpose for the demand.
In response to the DOJ’s refusal to provide the audio recordings, Republicans argue that the Constitution does not allow the executive branch to dictate how Congress conducts its oversight. The verbal nuances present in audio recordings, Republicans claim, provide unique insight into a subject that is not reflected in a written transcript. DOJ Assistant Attorney General Carlos Uriarte has written to the committees stating that the transcripts provided address Republican allegations made in the impeachment inquiry, suggesting that the audio recordings are unnecessary. He also expressed privacy concerns and worries about the potential political use of the recordings by Republicans.
Republicans maintain that the audio recordings are essential for their investigation, as they can provide valuable context such as tone, tenor, pauses, and pace that are not captured in written transcripts. They argue that these details can indicate a witness’s ability to recall events or whether they are being evasive in their testimony. Republicans cited an example where Biden’s reading aloud of a teleprompter cue during a speech was captured in the audio recording but not reflected in the initial transcript. The House Oversight Committee recently rescheduled its markup to accommodate Republican members attending the criminal trial of former President Donald Trump in New York City.
Overall, the dispute over the audio recordings reveals a broader conflict between House Republicans and the Department of Justice regarding the release of information related to Biden’s handling of classified documents. Republicans believe these recordings are crucial for their impeachment inquiry into Biden, while the DOJ maintains that the transcripts provided are sufficient and that releasing the audio recordings could jeopardize future cooperation in criminal investigations. The disagreement highlights the ongoing tensions between Congress and the executive branch over transparency and congressional oversight. The outcome of this contempt proceedings could have significant implications for the balance of power between the branches of government.
