In a significant escalation of tensions between the executive branch and House Republicans, the House Judiciary Committee voted on June 11, 2024, to hold Attorney General Merrick Garland in contempt of Congress. This decision follows Garland's refusal to comply with a subpoena demanding the unredacted audio of an interview with President Joe Biden conducted by Special Counsel Robert Hur as part of an investigation into Biden’s handling of classified documents.
The contempt resolution, spearheaded by Republican lawmakers, was passed with a party-line vote of 18-15 in the Judiciary Committee. The resolution is now set to proceed to a full House vote. If approved, Garland would become the third Attorney General in U.S. history to be held in contempt by Congress.
Today I testified before the House Rules Committee as to why Congress must hold Attorney General Merrick Garland in contempt. The AG has ignored 2 subpoenas directing him to release the audio of Special Counsel Hur's interview with Joe Biden. What is he hiding and why? pic.twitter.com/dpiP5Sa091
— Rep. Harriet Hageman (@RepHageman) June 11, 2024
Republicans, led by Committee Chairman Jim Jordan, argued that Garland’s refusal to release the audio recording impedes their oversight responsibilities. They contend that transparency in the investigation is crucial, especially given the gravity of the allegations against President Biden regarding mishandling classified materials found at his former office at the Penn Biden Center and his home in Delaware.
The White House, however, has defended Garland’s decision, citing executive privilege. This legal principle allows the president and high-level executive branch officials to withhold information from Congress or the courts to ensure confidential communications within the executive branch. The administration argues that releasing the audio could set a dangerous precedent, undermining the ability of future presidents to have candid discussions with their advisors.
Put the Merrick Garland contempt resolution on the House floor. If it fails, at least we’ll know who among us has the stomach for the times we’re in.
— Rep. Mike Collins (@RepMikeCollins) June 12, 2024
The subpoena for the audio recording was issued earlier this year after a transcript of the interview was provided to lawmakers. Despite the transcript’s release, Republicans insist that the audio is necessary to fully understand the context and tone of the President’s statements during the interview.
The move to hold Garland in contempt underscores the broader strategy of House Republicans to scrutinize and challenge the Biden administration’s actions rigorously. This approach includes ongoing investigations into various issues, such as the administration’s handling of border security and its response to the COVID-19 pandemic.
Democrats, on the other hand, have decried the contempt resolution as a political stunt. They argue that the investigation into Biden's handling of classified documents is being used as a pretext to score political points ahead of the 2024 elections. Representative Jerry Nadler, the ranking member of the Judiciary Committee, accused Republicans of weaponizing congressional oversight for partisan purposes .
As the full House prepares to vote on the contempt resolution, the outcome could have significant implications for the balance of power between Congress and the executive branch. It also raises questions about the extent to which executive privilege can be invoked to shield information from legislative scrutiny.
This isn’t contempt, it is obstruction of justice.