The Justice Department says it will not pursue criminal charges against U.S. Attorney General Merrick Garland.
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The Justice Department declined to bring criminal charges against Attorney General Merrick Garland, just days after House Republicans voted to hold him in contempt of court over accusations he ignored a congressional subpoena seeking President Joe Biden’s tapes.
Prosecutors said Garland enjoys legal protection from prosecution because Biden claimed executive privilege over the tapes last month. The decision means the case is now closed.
That’s consistent with how the Justice Department handled two previous incidents in which congressional majorities introduced contempt resolutions against Garland’s predecessors, Attorney General Eric Holder and Bill Barr.
“Consistent with this longstanding position and consistent practice, the Department of Justice has determined that Attorney General Garland’s response to the committee’s subpoena did not constitute a criminal offense and therefore the Department will not refer a congressional contempt of court charge to a grand jury or take any other action to prosecute a judicial Secretary,” Assistant Attorney General Carlos Uriarte said in a letter to Speaker Mike Johnson.
Garland expressed dismay that the June 12 vote was largely along party lines, writing that the House “turned serious congressional authority into a partisan weapon.”
“Today’s vote ignores the Constitution’s separation of powers, the Department of Justice’s need to protect its investigations and the extensive information we provided to the committee,” Garland added.
The tapes capture hours of interviews between Biden and a special prosecutor investigating how classified information was discovered at Biden’s home and academic offices. Prosecutor Robert Hur ended the investigation without bringing any charges, arguing that jurors might view Biden as a “compassionate, well-intentioned old man with a poor memory.”
The Republican-led House Judiciary and Oversight committees have requested audio tapes of Biden’s interviews. The Justice Department turned over written transcripts and correspondence from Biden’s lawyers. Houle testified before lawmakers for about five hours. But the Justice Department refused to hand over the recordings.
Garland told reporters that releasing the tapes could hinder future cooperation with sensitive White House investigations and said Congress had no “legitimate” legislative reason to require the tapes. Attorneys with the Justice Department’s Office of Legal Counsel agreed.
But House Speaker Mike Johnson, R-Louisiana, said “it is up to Congress — not the executive branch — to determine the materials needed to conduct its own investigations, and there are consequences for refusing to comply with lawful congressional subpoenas.”
The conservative Heritage Foundation and several media organizations have filed separate lawsuits to obtain Biden’s tapes. But it’s unclear whether the case will be resolved before the November presidential election.
