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House Republicans are ready to hold AG Merrick Garland in contempt over Biden audio

House Republicans plan to move forward next week with holding Attorney General Merrick Garland in contempt of Congress for his refusal to turn over the unredacted audio of an interview that was conducted as part of the special counsel probe into President Joe Biden’s handling of classified documents.

Quick Read

  • Contempt Proceedings Planned: House Republicans are set to advance contempt charges against Attorney General Merrick Garland for not providing an unredacted audio of President Joe Biden’s interview from a special counsel probe.
  • Committee Meeting: The House Judiciary Committee, led by Republicans, will convene on May 16 to discuss the contempt resolution, which will then proceed to a full House vote.
  • Subpoena Compliance Issues: This action follows a series of tensions over Garland’s refusal to fully comply with a subpoena demanding audio from interviews conducted during the investigation into Biden’s handling of classified documents.
  • Political Tensions: The situation underscores escalating tensions between House Republicans and the Justice Department, with Republicans arguing that the administration is obstructing congressional oversight.
  • Department of Justice’s Stance: The Justice Department has resisted turning over certain records, citing concerns over the legitimacy and political motivations behind the congressional requests.
  • Historical Context: If passed, this would be the first instance since 2012, when Attorney General Eric Holder was held in contempt, that a sitting Cabinet member faces such charges for non-compliance with a congressional subpoena.
  • Investigative Outcomes: Special Counsel Robert Hur’s investigation into Biden concluded with a recommendation against charges but criticized Biden’s handling of classified documents, contrasting with the ongoing prosecution of former President Donald Trump for similar allegations.

The Associated Press has the story:

House Republicans are ready to hold AG Merrick Garland in contempt over Biden audio

Newslooks- WASHINGTON (AP) —

House Republicans plan to move forward next week with holding Attorney General Merrick Garland in contempt of Congress for his refusal to turn over the unredacted audio of an interview that was conducted as part of the special counsel probe into President Joe Biden’s handling of classified documents.

The House Judiciary Committee is set to convene on May 16 to advance contempt charges against the Cabinet official, according to a person familiar with the matter who was granted anonymity to discuss plans not yet made public. The resolution would then go to the full House for a vote.

From left, House Judiciary Committee Chairman Jim Jordan, R-Ohio, Rep. Marjorie Taylor Greene, R-Ga., and House Oversight and Accountability Committee Chairman James Comer, R-Ky., speak to reporters after Hunter Biden, President Biden’s son, defied a congressional subpoena to appear privately for a deposition before Republican investigators who have been digging into his business dealings, at the Capitol in Washington, Wednesday, Dec. 13, 2023. Hunter Biden insisted outside the Capitol on Wednesday he’ll only testify in public. (AP Photo/J. Scott Applewhite)

The contempt proceedings are just the latest flare-up in the increasingly tense relationship between Republicans and the Justice Department. House Republicans last month threatened to hold Garland in contempt for refusing to fully comply with a congressional subpoena issued as part their probe into Special Counsel Robert Hur’s decision not to charge the president with any crimes.

Assistant Attorney General Carlos Uriarte, the department’s head of congressional affairs, said in the letter to Jordan and Comer last month that the committees’ interest in these records may not be “in service of legitimate oversight or investigatory functions, but to serve political purposes that should have no role in the treatment of law enforcement files.”

FILE – President Joe Biden sits in the Oval Office of the White House, Friday, Feb. 9, 2024, in Washington. Biden’s team hopes it has found an unlikely opportunity to go on offense, and perhaps to unite an anxious Democratic Party, following the release of a special prosecutor’s report on Thursday, Feb. 8, that cleared Biden of criminal charges, despite finding evidence that the president willfully retained and shared highly classified information as a private citizen. The counsel made repeated negative references to the 81-year-old president’s age and memory that echo broader concerns raised by voters in both parties. (AP Photo/Andrew Harnik, File)

Comer dismissed that rationale, saying in response that the Biden administration “does not get to determine what Congress needs and does not need for its oversight of the executive branch.”

Contempt charges would require majority support in committee and then the support of the full House before a referral would be sent to the Justice Department. Should the House hold Garland in contempt, it is unlikely that the Justice Department — which Garland oversees — would prosecute him.

Attorney General Merrick Garland speaks during a news conference at Department of Justice headquarters in Washington, Thursday, March 21, 2024. The Justice Department on Thursday announced a sweeping antitrust lawsuit against Apple, accusing the tech giant of engineering an illegal monopoly in smartphones that boxes out competitors and stifles innovation. (AP Photo/Jose Luis Magana)

The last time an attorney general was held in contempt was 2012. That was when the GOP-controlled House voted to make then-Attorney General Eric Holder the first sitting Cabinet member to be held in contempt of Congress for refusing to turn over documents related to the gun-running operation known as Operation Fast and Furious.

The Justice Department took no action against Holder.

The special counsel in Biden’s case, Hur, spent a year investigating the president’s improper retention of classified documents, from his time as a senator and as vice president. The result was a 345-page report that questioned Biden’s age and mental competence but recommended no criminal charges for the 81-year-old. Hur said he found insufficient evidence to successfully prosecute a case in court.

Department of Justice Special Counsel Robert Hur is sworn in before a House Judiciary Committee hearing, Tuesday March 12, 2024, on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)

In March, Hur stood by the assessment made in his report in testimony before the Judiciary Committee, where he was grilled for more than four hours by both Democratic and Republican lawmakers.

But his defense did not satisfy Republicans, who insists that there is a politically motivated double standard at the Justice Department, which is prosecuting former President Donald Trump over his handling of classified documents after he left the White House.

But there are major differences between the two probes. Biden’s team returned the documents after they were discovered, and the president cooperated with the investigation by voluntarily sitting for an interview and consenting to searches of his homes. Trump, by contrast, is accused of enlisting the help of aides and lawyers to conceal the documents from the government and allegedly sought to have potentially incriminating evidence destroyed.

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