President Joe Biden’s Department of Justice released a memo on Wednesday asserting that Attorney General Merrick Garland is shielded from prosecution for contempt of Congress due to Biden’s invocation of executive privilege.
The memo was made public just before the House of Representatives voted to hold Garland in contempt for failing to comply with Congressional subpoenas related to Special Counsel Robert Hur’s investigation into Biden’s handling of classified information. Republicans demanded the audio tapes of Hur’s interview with Biden, arguing that written transcripts provided by Garland were insufficient, especially after Hur disclosed Biden’s mental lapses and memory issues during the interview.
Subpoenas were issued to Garland by the House Committees on Oversight and Accountability and Judiciary on February 27, 2024, requesting records including audio recordings that Garland refused to hand over. Despite the subpoenas, Garland stood firm in his decision not to release the records.
The Biden administration’s move to assert executive privilege over the recordings was seen as an attempt to limit Congress’s oversight authority. The House voted 216 to 207 to hold Garland in contempt, with only one Republican dissenting. With the DOJ’s memo in place, it is likely that Biden administration prosecutors will disregard the contempt of Congress resolution, which essentially serves as a recommendation to U.S. attorneys.
“Because the committees have the transcripts of the special counsel’s interviews, the needs the committees have articulated for the recordings are plainly insufficient to overcome a privilege claim grounded in these important separation of powers concerns,” the memo asserts.
Rep. Gary Palmer stated that Garland’s decision not to disclose the audio recordings raises significant concerns regarding President Biden’s ability to serve as President, countering common Democratic arguments for keeping the recordings private.
“The White House vehemently denied Special Counsel Hur’s depiction of President Biden as a ‘sympathetic, well-meaning, elderly man with a poor memory,’” he continued. “Considering the investigation into Biden’s mishandling of classified documents is closed, Biden does not face any legal jeopardy. Also, the fact that the written, unredacted transcript has been released, it makes no sense that AG Garland is willing to be charged in contempt of Congress for refusing to comply with the subpoena and release the recording of the interview.”
“Garland’s willingness to have his record tarnished by being held in contempt of Congress only increases speculation and concern about President Biden’s mental ability to effectively carry out his duties as President.”