House Republicans recently pushed through a measure recommending that Attorney General Merrick B. Garland be held in contempt of Congress for failing to comply with a subpoena. This move came after the Justice Department declined to provide audio recordings of President Biden’s interview with the special counsel investigating his handling of classified documents. The House vote of 216 to 207 was nearly party-line, with Republicans calling for action to compel the executive branch to produce the materials. The Republicans claimed this was necessary to defend the Constitution and congressional authority, accusing the Justice Department of hiding information.
Former President Donald J. Trump’s recent felony conviction in New York has heightened tensions between Republicans and the Justice Department. Republicans are claiming that the Justice Department, under President Biden, has been carrying out a vendetta against conservatives, particularly Trump. Attorney General Garland responded to the contempt proceedings, saying that it is disappointing that Congress has turned a serious authority into a partisan weapon. He vowed to stand up for the Department of Justice, its employees, and its mission to defend democracy. Only one Republican, Representative David Joyce, voted against the measure.
The issue at hand is the audio recordings of President Biden’s interview with the special counsel who investigated his handling of classified documents. Republicans argue that they need these recordings to continue their impeachment investigation and examine the mental fitness of the president. Democrats countered that the contempt proceedings were a distraction from the Republican’s impeachment efforts. They claimed that Garland had already provided over 92,000 documents in response to demands, and argued that Republicans have no legitimate legislative purpose in seeking the audio recordings.
House Republicans have argued for the release of the audio recordings, stating that they were authorized legal subpoenas and Attorney General Garland has refused to produce them. Media organizations have also filed suit seeking access to the recordings. Garland has resisted releasing the recordings, citing concerns about setting a precedent that could compromise the confidentiality of law enforcement investigations. Democrats and Garland have both contended that Republicans are seeking the audio for campaign purposes rather than legitimate legislative reasons. President Biden invoked executive privilege to deny House Republicans access to the recordings.
The contempt case now goes to the U.S. attorney in Washington to consider prosecution. However, it is unlikely that criminal charges will be pursued. The Justice Department has historically held the view that criminal contempt charges do not apply to executive branch officials who defy subpoenas once executive privilege has been invoked. Despite this, the Justice Department has previously acted on Congress’s contempt cases. For example, in the last Congress, two of Trump’s allies faced contempt citations and were prosecuted for refusing to cooperate with the House committee investigating the Jan. 6, 2021, attack on the Capitol. Democrats argue that Republicans are baselessly attacking Garland, who they consider an honorable man.
