Article Summary –
The US Department of Justice (DoJ) will not press charges against Attorney General Merrick Garland for contempt of Congress for not handing over audio tapes from an investigation into President Biden’s handling of classified documents. The decision follows a narrow vote by the House of Representatives, which is controlled by Republicans, to recommend that the DoJ file criminal charges against Garland. Assistant Attorney General Carlos Felipe Uriarte defended the decision, saying that the department typically does not bring charges in cases where the president has invoked executive privilege to conceal requested material.
The US Department of Justice (DoJ) is not pressing charges against Attorney General Merrick Garland for contempt of Congress despite House of Representatives vote
The Department of Justice (DoJ) is not pressing charges against Attorney General Merrick Garland for contempt of Congress after a narrow vote by the House of Representatives. The vote was spurred by Garland’s refusal to submit audio tapes from a probe into President Joe Biden’s handling of classified documents.
Republican-controlled House votes for DoJ to file charges
On Wednesday, the Republican-controlled House voted 216-207, suggesting that the DoJ, which is overseen by Garland himself, press criminal charges against the top law enforcement officer in the US.
DoJ official’s response to Garland’s refusal
In a response to Republican Speaker of the House Mike Johnson, a top DoJ official stated that Garland’s actions “do not constitute a crime”. Johnson called it a “sadly predictable” move.
DoJ’s “longstanding position” not to charge in cases involving presidential executive privilege
Carlos Felipe Uriarte, an assistant attorney general, indicated that the department’s “longstanding position” is not to file charges in cases where the president has invoked his executive privilege to withhold requested material.
“The Department will not bring the congressional contempt citation before a grand jury or pursue other actions to prosecute the Attorney General,” Uriarte stated.
House Speaker set to take the case to federal court
The House Speaker plans to go to federal court to force Garland to submit the audio. Johnson cited the DoJ’s decision as “another example of the two-tiered system of justice brought to us by the Biden Administration”.
Biden’s use of executive privilege and the case of two ex-Trump aides
Last month, Biden invoked executive privilege to impede congressional Republicans from accessing his interview tapes with Special Counsel Robert Hur. Biden submitted the documents once they were found. The DoJ special counsel described Biden as a “well-meaning, elderly man with a poor memory” unlikely to be charged by jurors.
White House’s take on Republicans’ need to access audio
The White House argued that Republicans had no legitimate need to obtain the five-hour audio given that a transcript had already been released. They suggested that Republicans intended to use the audio for campaign ads against Biden as he seeks re-election this November.
Trump’s federal prosecution for retaining documents
Former President Donald Trump is currently facing federal prosecution for allegedly hiding classified memos that were supposed to be submitted to government archivists after his term. Two other attorneys general, Eric Holder and Bill Barr, have also been held in contempt of Congress in recent years, with the DoJ also declining to press charges in these cases.
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