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DOJ Declines To Act On House's Contempt Referral

The DOJ logo is pictured on a wall after a news conference in New York

The Justice Department announced on Friday that it would not pursue action on the House's contempt referral of Attorney General Merrick Garland. This decision was based on the DOJ's longstanding position of not prosecuting executive branch officials who withhold information subject to executive privilege from Congress.

The House had voted, mostly along party lines, to hold Garland in contempt for failing to provide audio from President Joe Biden's interview in special counsel Robert Hur's classified documents investigation.

House held Garland in contempt for not providing audio from Biden's interview.
DOJ won't prosecute Garland for withholding information under executive privilege.
DOJ's decision aligned with its historical practice on executive privilege matters.

In a letter addressed to House Speaker Mike Johnson, the DOJ reiterated its stance on not prosecuting officials for withholding information deemed privileged. The department stated that Attorney General Garland's responses to the subpoenas issued by the Committees did not constitute a crime, leading to the decision not to bring the contempt citation before a grand jury or pursue any prosecution against him.

This announcement was in line with the DOJ's historical practice and approach to handling such matters. The decision not to act on the contempt referral underscores the department's commitment to upholding its established principles regarding executive privilege and congressional oversight.

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