The House is set to vote on a resolution holding Attorney General Merrick Garland in contempt of Congress for refusing to provide audio of President Joe Biden's interview in a classified documents case. This move follows the White House's decision to block the release of the recording to lawmakers.
House Republicans are strongly rebuking the Justice Department and Garland's leadership, amid an ongoing conflict over the rule of law that has become a focal point of the 2024 presidential campaign. The GOP has criticized the criminal cases against former President Donald Trump and raised concerns about alleged corruption in the Biden administration.
However, the outcome of the contempt resolution remains uncertain due to the slim Republican majority in the House. Speaker Mike Johnson may face challenges in securing enough support to pass the resolution without Democratic backing.
Republicans sought audio recordings of Special Counsel Robert Hur's interviews with President Biden, but the Justice Department only provided partial records, omitting the interview audio. Efforts to hold Garland in contempt would make him the third attorney general to face such action, although it is unlikely that the Justice Department would prosecute him.
The White House invoked executive privilege to shield the audio recording from Congress, citing concerns about potential political misuse by Republicans. Garland has defended the Justice Department's actions, emphasizing the efforts made to provide information about Hur's investigation.
Executive privilege allows presidents to withhold information to safeguard decision-making confidentiality, a move that can be legally challenged. The last attorney general held in contempt was in 2019, when Bill Barr faced similar action for refusing to release documents related to a special counsel investigation.
Special Counsel Hur's investigation into Biden's handling of classified documents concluded without recommending criminal charges, citing insufficient evidence for prosecution. Biden cooperated with the probe by returning the documents and participating in interviews and searches.
Republicans argue that there is a double standard at the Justice Department, pointing to the prosecution of former President Trump over similar document retention issues. Trump is accused of concealing documents and attempting to destroy potentially incriminating evidence.
The ongoing conflict underscores the deep political divisions surrounding law enforcement and accountability at the highest levels of government.