Attorney General Merrick Garland will not face prosecution for contempt of Congress after refusing to turn over audio of President Joe Biden’s interview in the classified documents case. The Justice Department, referencing a long-standing policy, stated that Garland's actions did not constitute a crime, as the refusal was based on the president's claim of executive privilege.
In a letter to House Speaker Mike Johnson, the Justice Department emphasized its policy of not prosecuting officials who comply with presidential claims of executive privilege. President Biden asserted this privilege last month to block the release of the audio, which the White House claims Republicans are seeking for political reasons.
The decision follows a House vote to hold Garland in contempt of Congress, driven by Republican frustration after special counsel Robert Hur decided not to prosecute Biden over his handling of classified documents. GOP lawmakers, particularly Reps. Jim Jordan and James Comer, subpoenaed the audio from Hur’s interviews with Biden.
The Justice Department complied partially, excluding the audio of Biden's interview, arguing that its release could jeopardise future sensitive investigations.
Garland, emphasizing the lengths the Justice Department has gone to provide information to Congress, warned that releasing the audio could make future witnesses reluctant to cooperate with authorities. He is the third attorney general to be held in contempt of Congress, following Bill Barr in 2019 and Eric Holder related to the Operation Fast and Furious investigation. In both previous instances, no action was taken against the attorneys general.
The special counsel's investigation into Biden's handling of classified documents concluded that there was insufficient evidence to prosecute. A transcript of Biden's interview with Hur showed moments of memory lapses, though Biden demonstrated a strong recall in other areas. The president, at 81 years old, remains sensitive to questions about his age as he seeks another term.
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