House Votes to Hold AG Garland in Contempt Over Biden Tapes

The House voted Wednesday to hold Attorney General Merrick Garland in contempt of Congress for refusing to release audio tapes of President Joe Biden, a move seen as largely symbolic due to the unlikely consequences Garland faces. The vote, split 216-207 along party lines with just one Republican dissenting, reflects ongoing partisan tensions as House Republicans align with former President Donald Trump, attacking the Justice Department.

The contempt resolution is rooted in Garland’s refusal to provide audio tapes of Special Counsel Robert Hur’s interview with Biden regarding the handling of classified documents, a case that Hur concluded without prosecution. Instead of the tapes, the DOJ released a full transcript, citing concerns about deterring cooperation from future witnesses. Democrats argue that Republicans want the tapes for political use against Biden.

The Biden administration asserted executive privilege over the tapes, asserting control over their release despite the Justice Department’s jurisdiction. This move, like the contempt vote itself, is unlikely to result in real consequences for Garland.

Rep. Dave Joyce, the sole dissenting Republican, criticized the resolution as further politicizing the judicial system and urged Congress to focus on policy and governance instead.

The vote against Garland adds to the ongoing tension between the DOJ and Trump’s allies in Congress, who have criticized the department and threatened to defund it amid their own legal challenges.

Since 2008, Congress has held 10 individuals in contempt, including former Attorneys General Eric Holder and William Barr, but the Justice Department has only indicted two: Steve Bannon and Peter Navarro, former Trump advisers.

Hur’s investigation into Biden’s handling of classified documents found that Biden “willfully” retained about 50 such documents, though he could not establish guilt beyond a reasonable doubt. Hur’s report also raised concerns about Biden’s mental fitness, noting that Biden had to be reminded by his lawyers of key dates during the investigation.

It’s worth noting that previous presidents, including Trump and Obama, have used executive privilege to shield cabinet members from contempt of Congress prosecutions, highlighting the longstanding tension between the executive and legislative branches over such matters.