House Republicans are set to vote on holding Attorney General Merrick Garland in contempt of Congress due to the Justice Department’s refusal to release audio recordings of President Biden’s interview with the special counsel investigating his handling of classified documents.
The planned vote, which could take place as early as Wednesday, follows the Justice Department’s compliance with a subpoena by providing a transcript of President Biden’s interview with special counsel Robert K. Hur. Despite this, House Republicans are demanding the release of the audio recordings, asserting that the tapes are necessary to assess the president’s mental acuity. This stance comes after the Justice Department rejected their request, citing executive privilege.
“The attorney general has substantially complied with their every request,” said Representative Jerrold Nadler of New York, the senior Democrat on the Judiciary Committee. He criticized the proceedings as a misuse of congressional authority for political purposes, arguing that the Justice Department under the Biden administration has been more cooperative with congressional inquiries than it was during the Trump administration.
The controversy stems from the findings of special counsel Hur, who in February released a report on his investigation into President Biden’s handling of classified documents. Although Hur, a former Justice Department official from the Trump administration, found no grounds for criminal charges against Biden, his report included a line suggesting a jury might perceive the president as an “elderly man with a poor memory.” This statement has been seized upon by Republicans as a significant point of political leverage.
President Biden has invoked executive privilege to block the release of the recordings, a move intended to protect Attorney General Garland from prosecution if the contempt vote passes. Republicans, however, argue that the Justice Department’s refusal to release the audio recordings constitutes non-compliance with a valid congressional subpoena.
Republican leaders anticipate the contempt measure will pass, but it presents a complex political challenge for some GOP members, particularly those representing districts that supported Biden in the last election.
Should the House vote to hold Garland in contempt, the matter would be referred to the U.S. attorney in Washington, who would then decide whether to pursue prosecution. Contempt of Congress is a misdemeanor under federal law, carrying potential penalties ranging from fines of $100 to $100,000 and imprisonment from one month to one year.
Historical precedent shows that prosecuting attorneys general for contempt of Congress is rare. The Justice Department, citing executive privilege, previously declined to pursue charges against Eric Holder in 2012 and William Barr in 2020 when they were held in contempt.
Democrats argue that the contempt proceedings are a distraction from broader political issues, including the Republican attempts to impeach Biden and the fallout from former President Trump’s felony conviction related to falsified business records.
“Republicans have weaponized committee after committee to the point that it is doing great damage to this institution,” commented Representative Jim McGovern, Democrat of Massachusetts.
In contrast, Representative Guy Reschenthaler, Republican of Pennsylvania, framed the issue as a matter of congressional authority. “Can the executive branch defy a subpoena that is lawfully issued and is also valid?” he asked. “I would make the argument that the answer to that is no.”
The vote will be a crucial moment in the ongoing political struggle between the legislative and executive branches over oversight and compliance with congressional subpoenas.
