Washington, D.C. – The United States House of Representatives voted on Wednesday to hold Attorney General Merrick Garland in contempt of Congress. This decision came after a resolution was passed by the Republican-controlled chamber in a tight 216-207 vote, with only one Republican breaking ranks to side with the Democrats.
Garland’s refusal to provide interview tapes from a Justice Department investigation into President Joe Biden’s handling of classified documents sparked the contempt vote. In response, Garland criticized House Republicans for turning congressional authority into a partisan weapon, emphasizing the importance of maintaining the constitutional separation of powers.
Being held in contempt makes Garland only the third attorney general in US history, and the fourth sitting cabinet member overall, to face such implications. The resolution suggests that the Justice Department must decide whether to pursue criminal prosecution against Garland for his actions.
While federal law allows for contempt charges to be punishable by up to one year in jail and fines, the partisan nature of the vote indicates that criminal charges are unlikely to be pursued by a Justice Department prosecutor against one of their own agency’s heads. Previous attorneys general, such as William Barr and Eric Holder, faced similar contempt charges without facing criminal consequences.
House Speaker Mike Johnson hailed the vote as a significant step in upholding the integrity of oversight processes. Conversely, moderate Republican lawmaker David Joyce, alongside all 206 Democrats present, opposed the resolution, citing concerns about further politicizing the judicial system.
The push to hold Garland in contempt stems from a year-long inquiry by Special Counsel Robert Hur into Biden’s retention of classified documents from his time as vice-president under the Obama administration. Despite the investigation’s conclusion that no criminal charges were warranted, it highlighted concerns about Biden’s age and lucidity, particularly in the midst of his re-election campaign.
In March, Garland provided a full transcript of Biden’s interview but resisted subpoenas demanding audio recordings, citing executive privilege. The move was criticized by Republicans, who accused the Biden administration of weaponizing the Justice Department against political opponents.
Garland, in a Washington Post opinion piece, highlighted the challenges faced by the Justice Department due to conspiracy theories, falsehoods, and threats of violence towards department officials. He emphasized the long-term cost to the country of such tactics, urging for a focus on the department’s critical work rather than political attacks.