In a razor-thin vote, Attorney General Merrick Garland has been found in contempt of Congress. While some frame it as a symbolic step, it carries significant implications, especially considering former Trump officials Peter Navarro and Steve Bannon faced prison time for defying congressional subpoenas. The Biden Justice Department is in a standoff with congressional Republicans over their refusal to turn over audio tapes of Special Counsel Robert Hur’s interview with Joe Biden regarding the mishandling of classified documents (via Politico):
House Republicans voted on Wednesday to hold Attorney General Merrick Garland in contempt of Congress, significantly escalating their battle with the Justice Department. The 216-207 vote came after some skepticism about whether GOP leaders could secure the near-unity required. Ultimately, nearly every Republican voted to take this symbolic step, referring the attorney general to the DOJ for prosecution, while Democrats were united in opposition.
Only Ohio Rep. David Joyce broke ranks, voting against it on the Republican side. Shortly after the vote, the Justice Department issued a memo asserting that the attorney general cannot be prosecuted. Garland, in essence, declared himself above the law (via The Hill):
An internal DOJ memo argued that Attorney General Merrick Garland would be shielded from prosecution for contempt of Congress due to President Biden’s claim of executive privilege over the audio tapes sought by Republicans. The 57-page memo from the department’s Office of Legal Counsel (OLC) supports Garland’s refusal to turn over Biden’s conversation with Special Counsel Hur. Despite having the transcript, Republicans are pushing for the audio, believing it will reveal more.
The OLC, acting as the department’s legal adviser, maintained that no administration official has ever been prosecuted for failing to comply with a subpoena when executive privilege was claimed. The memo states, “For nearly seven decades and across presidential administrations of both parties, the Executive Branch has held that the criminal contempt of Congress statute does not apply to Executive Branch officials who do not comply with a congressional subpoena based on a presidential assertion of executive privilege.”
This legal jargon sidesteps the reality that there is no solid legal basis for refusing to turn over the tapes. The transcript is out, so why not release the audio? Biden’s legal team argued that Hur’s description of Biden as an old man with a failing memory was inaccurate. If that’s the case, let’s hear the tapes.
When Hunter Biden was convicted on federal gun charges, the narrative was spun to portray it as a triumph for the rule of law, showcasing the Biden Department of Justice as a paragon of legal integrity. Yet, this same DOJ now claims its attorney general is exempt from prosecution for contempt of Congress. Garland essentially indicated he could ignore subpoenas he didn’t like before this vote.
So, it seems no one is above the law—except those in positions of power who can halt investigations into the president.
