Merrick Garland Escapes Congress Contempt Charge in US
TL/DR –
The US Department of Justice (DoJ) has declined to press charges against Attorney General Merrick Garland for contempt of Congress after he refused to hand over audio tapes from an investigation into President Joe Biden. The Republican-controlled House had voted in favor of the DoJ filing criminal charges against Garland for his refusal to share recorded interviews from a probe into Biden’s handling of classified documents. The DoJ justified their decision not to press charges citing the longstanding position not to bring charges in cases where the president invokes executive privilege to withhold requested material.
U.S. DoJ Declines to Press Charges Against Garland for Contempt of Congress
The U.S. Department of Justice (DoJ) has declined to file charges against Attorney General Merrick Garland for contempt of Congress. This follows a narrow vote in the House of Representatives to punish Garland for not providing audio tapes from a probe into President Joe Biden’s handling of classified documents.
Republicans Push for Criminal Charges
Republican-majority House voted 216-207 recommending the DoJ to file criminal charges against the top law enforcement officer. Garland has refused to share recorded interviews from a justice department probe into Biden’s handling of classified documents.
DoJ’s Response
A top DoJ official communicated to Republican House Speaker Mike Johnson that Garland’s actions “do not constitute a crime”. Assistant Attorney General Carlos Felipe Uriarte stated the department’s longstanding position not to bring charges in cases where the president has invoked executive privilege to withhold the requested material.
What is Executive Privilege?
Executive privilege is a legal doctrine that allows presidents to withhold executive branch information from other government branches.
Uriarte’s Statement on Prosecution
Uriarte wrote, “the Department will not bring the congressional contempt citation before a grand jury or take any other action to prosecute the Attorney General.”
House Speaker’s Reaction
House Speaker Johnson announced he would take the issue to federal court to compel the attorney general to release the audio. Johnson criticized the DoJ’s decision as a representation of the two-tiered justice system of the Biden Administration.
Recalling Bannon and Navarro’s Contempt of Congress
Johnson pointed to the contempt of Congress charges against ex-Trump aides, Steve Bannon and Peter Navarro, who were prosecuted and sentenced to prison terms for defying congressional subpoenas.
Biden’s Executive Privilege Use
Last month, Biden invoked executive privilege to prevent congressional Republicans from accessing his interview tapes with Special Counsel Robert Hur regarding retention of classified documents after his vice-presidential term. Though Biden returned the discovered documents, the DoJ special counsel didn’t recommend charges, believing jurors would likely view him as a well-intentioned, forgetful elderly man.
Republicans’ Legitimate Need for Access to Audio
The White House argued that Republicans have no legitimate need for the five-hour audio as a transcript is already available. They believe Republicans intend to use the audio for campaign attack ads against Biden in his upcoming bid for a second presidential term.
Contempt of Congress Charges Against Other Attorneys General
Two other attorneys general, Democrat Eric Holder and Republican Bill Barr, have been held in contempt of Congress in recent years. In both instances, the DoJ sent similar letters declining to press charges.
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