The Justice Department will not pursue prosecution against Attorney General Merrick Garland after he was held in contempt of Congress by House Republicans for refusing to turn over subpoenaed audio tapes of President Joe Biden. The department concluded that Garland’s refusal to submit the tapes did not constitute a crime, thus ending the case against him. The Biden administration had previously asserted executive privilege over the tapes, arguing that releasing them could hinder cooperation needed for future investigations of the White House. Garland had also stated that Congress had no legitimate reason to request the tapes.
The House had voted 216-207 to hold Garland in contempt of Congress, with the majority of Republicans supporting the resolution. However, the decision to bring contempt of Congress charges lies with the DOJ, which typically declines to prosecute such cases, especially against members of the sitting administration. The DOJ has been under scrutiny from Republicans due to a special counsel’s prosecution of former President Donald Trump for attempting to overturn the 2020 election, as well as Robert Hur’s investigation into President Biden. Hur’s report, published in February, revealed details of the president willfully retaining classified documents but decided not to bring charges against him, citing concerns about convincing a jury of misconduct.
The Justice Department, in a letter to House Speaker Mike Johnson, explained its decision not to prosecute officials for contempt of Congress when they do not comply with subpoenas due to executive privilege claims. This decision is based on a longstanding position of the department. The House Republicans’ subpoena for the tapes of Biden’s interview with Special Counsel Robert Hur focused on the president’s management of classified documents. With the Justice Department closing the case against Garland, it seems unlikely that he will face criminal charges for the contempt of Congress vote.
Overall, the decision by the Justice Department not to pursue prosecution against Attorney General Merrick Garland brings an end to the case surrounding his refusal to turn over subpoenaed audio tapes of President Joe Biden. The Biden administration’s assertion of executive privilege played a significant role in the department’s decision, along with Garland’s argument that Congress had no legitimate reason to request the tapes. This outcome highlights the complexities of executive privilege and congressional oversight, as well as the ongoing political battles between Republicans and the Biden administration.
