Washington, D.C. – The US Department of Justice has decided not to pursue charges against Attorney General Merrick Garland after the House of Representatives voted to recommend punishing him for refusing to hand over audio tapes related to an investigation into President Joe Biden.
The Republican-controlled House narrowly voted 216-207 to urge the DoJ, overseen by Garland, to file criminal charges against the nation’s top law enforcement officer. This action stemmed from Garland’s refusal to provide recorded interviews from a justice department inquiry into Biden’s handling of classified documents.
In response to the House’s request, a top DoJ official informed Republican Speaker of the House Mike Johnson that Garland’s actions did not constitute a crime. Johnson criticized the decision, calling it “sadly predictable.”
Assistant Attorney General Carlos Felipe Uriarte explained that the department has a longstanding policy of not pursuing charges when a president asserts executive privilege to withhold requested information. Executive privilege allows presidents to keep executive branch information from the other branches of government.
Uriarte stated that the DoJ would not present the congressional contempt citation to a grand jury or pursue any prosecution against the Attorney General. In response, Speaker Johnson expressed his intention to seek a court order compelling Garland to hand over the audio tapes.
He cited the cases of two former Trump aides, Steve Bannon and Peter Navarro, who faced prosecution for defying congressional subpoenas by invoking executive privilege. They were held in contempt of Congress and received prison sentences.
Johnson criticized the DoJ’s decision, labeling it as another instance of a “two-tiered system of justice” under the Biden Administration. He highlighted that when Biden invoked executive privilege to block Republicans from accessing his interview tapes with Special Counsel Robert Hur, they eventually surfaced after being discovered.
The White House defended Biden’s actions, emphasizing that Republicans had no legitimate need for the audio tapes as a transcript had already been released. They accused Republicans of using the situation for political attack ads as Biden seeks reelection in November.
As the oldest US president, Biden’s age has been portrayed as a potential vulnerability by his opponents, particularly as he faces a challenge from former President Donald Trump.
Trump, in turn, is currently facing federal charges for allegedly withholding documents meant for government archivists after leaving office, with accusations of obstructing justice.
Notably, past attorneys general, both Democrat and Republican, have also faced contempt of Congress charges, with the DoJ declining to press charges in those instances as well.