Staff Reports
House Republicans are considering a different tactic to get information about President Biden’s handling of classified documents during his time as a senator. Instead of voting on holding Attorney General Merrick Garland in contempt of Congress for not handing over the audio recordings of interviews between special counsel Robert K. Hur and Mr. Biden, they may pursue the tapes in civil court.
The Republican leaders decided not to schedule a contempt vote this week, even though two committees endorsed the resolution to hold Mr. Garland in contempt for refusing to give up the tapes. The recordings document Mr. Hur’s two-day interview with Mr. Biden regarding the mishandling of classified documents.
House may abandon plans to hold Merrick Garland in contempt of Congresshttps://t.co/cTeHtLNlPr pic.twitter.com/JXaCwwaoNj
— The Washington Times (@WashTimes) May 21, 2024
Republicans argue that they need the recordings to ensure that the Justice Department is dispensing justice fairly. Mr. Biden was not charged despite having boxes of classified documents in his possession, while former President Donald Trump faces several criminal charges related to classified documents he brought with him when leaving the White House.
With elections approaching, some Republican lawmakers running in districts won by Mr. Biden in 2020 are hesitant to vote on what they consider a partisan issue. Additionally, there are doubts that House Speaker Mike Johnson will bring the resolution to the floor for a vote, particularly after recent internal battles among Republicans over important legislation. Republicans have only a one-seat advantage and are cautious about potentially losing a close vote.
In the meantime, Rep. Anna Paulina Luna, a Florida Republican, has introduced a resolution to hold Mr. Garland in inherent contempt of Congress for ignoring two House committee subpoenas for the audiotapes. This authority allows the House to detain and imprison individuals found in contempt until they comply with congressional demands.
However, Ms. Luna’s resolution may face similar obstacles as the committee-passed contempt resolution. Republicans are also considering the option of seeking the tapes in civil court, similar to how they obtained documents related to a previous investigation after pursuing a civil case for seven years.
If the House passes the contempt citation against Mr. Garland, it is unlikely that he will be prosecuted, as the criminal contempt statute is enforced by the Justice Department. Mr. Biden has also asserted executive privilege over the audiotapes, which would likely further delay any potential prosecution.
In recent years, the House has passed several contempt of Congress citations, but high-ranking Trump administration officials faced limited consequences, while some former Trump officials were prosecuted by the Biden-led Justice Department. Republicans argue that justice has been applied unfairly, referencing the imprisonment of Trump-era officials who were held in contempt of Congress.
Moderate Republicans running for office have distanced themselves from the Garland contempt resolution, especially following a contentious hearing on the matter. Some have expressed the need for a more constructive and bipartisan approach to governance.
As of now, House Republicans are considering various avenues to obtain the recordings of interviews between Mr. Hur and Mr. Biden and to hold Mr. Garland accountable for not turning them over.
