Attorney General Merrick Garland will not be prosecuted for contempt of Congress because his refusal to turn over audio of President Joe Biden’s interview in his classified documents case “did not constitute a crime,” the Justice Department said Friday.
Quick Read
- Justice Department will not prosecute Attorney General Merrick Garland for contempt of Congress, stating that his refusal to turn over audio of President Joe Biden’s interview in his classified documents case “did not constitute a crime.”
- The decision is based on the department’s longstanding policy not to prosecute officials who don’t comply with subpoenas due to a president’s claim of executive privilege.
- President Biden asserted executive privilege last month, blocking the release of the audio, which the White House argues Republicans seek for political purposes.
- The decision follows the House’s recent party-line vote to hold Garland in contempt of Congress.
- Republicans were angered when special counsel Robert Hur declined to prosecute Biden over his handling of classified documents, prompting GOP lawmakers to subpoena audio of Hur’s interviews with Biden.
- Garland has stated that releasing the audio could jeopardize future sensitive and high-profile investigations by deterring future witnesses from cooperating with authorities.
- Executive privilege protects a president’s ability to obtain candid counsel from advisers without fear of immediate public disclosure and safeguards confidential communications related to official duties.
- Garland is the third attorney general to be held in contempt of Congress, following Bill Barr in 2019 and Eric Holder in 2012, with no action taken against either by the Justice Department.
- Special counsel Hur investigated Biden’s improper retention of classified documents for a year and concluded there was insufficient evidence for prosecution.
- A transcript of Hur’s interview with Biden showed some memory lapses but overall strong recall, with Biden’s aides highlighting his sensitivity to questions about his age as he seeks another term at 81.
The Associated Press has the story:
DOJ won’t prosecute Garland for contempt, says refusal to provide audio wasn’t crime
Newslooks- WASHINGTON (AP) —
Attorney General Merrick Garland will not be prosecuted for contempt of Congress because his refusal to turn over audio of President Joe Biden’s interview in his classified documents case “did not constitute a crime,” the Justice Department said Friday.
In a letter to House Speaker Mike Johnson, a Justice Department official cited the department’s longstanding policy not to prosecute officials who don’t comply with subpoenas because of a president’s claim of executive privilege.
The Democratic president asserted executive privilege last month, blocking the release of the audio, which the White House says Republicans want only for political purposes.
The Justice Department’s decision comes days after the House voted along party lines to hold Garland in contempt of Congress.
Republicans were incensed when special counsel Robert Hur declined to prosecute Biden over his handling of classified documents and quickly opened an investigation. GOP lawmakers — led by Reps. Jim Jordan and James Comer — sent a subpoena for audio of Hur’s interviews with Biden during the spring. But the Justice Department only turned over some of the records, leaving out audio of the interview with the president.
The attorney general has said the Justice Department has gone to extraordinary lengths to provide information to the lawmakers about Hur’s investigation. However, Garland has said releasing the audio could jeopardize future sensitive and high-profile investigations by making future witnesses concerned about cooperating with authorities.
Executive privilege protects a president’s ability to obtain candid counsel from his advisers without fear of immediate public disclosure and protects confidential communications relating to official responsibilities.
Garland is the third attorney general to be held in contempt of Congress.
Before Garland, the last attorney general held in contempt was Bill Barr in 2019. That was when the Democratically controlled House voted to issue a referral against Barr after he refused to turn over documents related to a special counsel investigation into Trump.
Years before that, then-Attorney General Eric Holder was held in contempt related to the gun-running operation known as Operation Fast and Furious. In each of those instances, the Justice Department took no action against the attorney general.
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. Hur said he found insufficient evidence to successfully prosecute a case in court.
A transcript of the Hur interview showed Biden struggling to recall some dates and occasionally confusing some details — something longtime aides say he’s done for years in both public and private — but otherwise showing deep recall in other areas. Biden and his aides are particularly sensitive to questions about his age. At 81, he’s the oldest-ever president, and he’s seeking another four-year term.
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