House Speaker Mike Johnson, R-La., announced that House Republicans are planning to file a lawsuit next week to compel the Department of Justice (DOJ) to release audio tapes of Special Counsel Robert Hur's interview with President Biden. Johnson stated that they will take the matter to district court in D.C. to enforce the subpoena and will vigorously pursue obtaining the tapes.
Attorney General Merrick Garland declined the GOP investigators' subpoena for the tapes, citing Biden's executive privilege claim. Hur's decision not to prosecute Biden over classified document handling was based on Biden's portrayal of himself as an elderly man with memory issues, making it challenging to convince a jury to convict him of a serious felony.
Despite pushback on concerns about Biden's mental fitness, the full transcript of the interview has been released by the DOJ. Republicans argue that the audio recording would offer crucial insights into Biden's state of mind, while Democrats view the request as a partisan move to politicize the DOJ.
Garland's refusal led House Republicans to hold him in contempt, although the DOJ declined to prosecute. Meanwhile, Rep. Anna Paulina Luna, R-Fla., is considering an 'inherent contempt' resolution against Garland, a rare congressional procedure that could result in Garland's detention for a trial by the House.
Johnson acknowledged Luna's plan but stated that no final decision has been made yet. The potential use of inherent contempt, last employed in the 1930s and never on a Cabinet official, underscores the escalating tensions between House Republicans and the DOJ over the Biden interview tapes.