House Republicans Prepare to Hold Attorney General Merrick Garland in Contempt over Refusal to Release Biden Interview Recordings
On Thursday, the House Oversight and Judiciary committees are set to take their initial steps towards holding Attorney General Merrick Garland in contempt of Congress for his refusal to comply with a congressional subpoena by turning over the audio recordings of former special counsel Robert Hur’s interviews with President Joe Biden. The committees will each hold markups on their respective reports recommending a contempt resolution against Garland, which, if passed out of the committees, would then proceed to the House floor for a vote.
Background
Shortly after Hur concluded his investigation into President Biden’s handling of classified documents in February, House Republicans issued subpoenas to the Department of Justice (DOJ) for a number of documents and information. One such request included the audio recordings of the special counsel’s interviews with Biden and his ghostwriter, Mark Zwonitzer. Although Hur’s probe did not result in any charges against the president, Republicans have seized upon Hur’s description of Biden as a “well-meaning, elderly man with a poor memory” in his final report.
Lawsuit and Contempt Proceedings
News Finder has filed a lawsuit for access to the federal investigators’ interview recordings with Biden in the now-closed probe over his handling of classified documents. House Republicans argue that these audio recordings are essential to their impeachment inquiry into Biden, which has been stalled due to the increasingly unlikely chances of the investigation resulting in impeachment and the lack of votes or evidence for such action.
DOJ’s Position
The Department has made most of the subpoenaed materials available to House Republicans, including transcripts of the special counsel’s interviews with Biden and his ghostwriter. However, it has stood firm on its decision not to release the audio files of the interviews, stating that Republicans have failed to establish a legitimate legislative purpose for demanding these recordings.
Arguments and Concerns
In their contempt reports, Republicans argue that the DOJ does not have the authority to determine what information is useful to their investigation and emphasize that verbal nuances in an audio recording provide unique insights into a subject that are not reflected in a transcript. They also claim that pauses and inflections in witnesses’ testimonies can indicate their ability to recall events or whether they are providing evasive or nonresponsive testimony.
DOJ’s Concerns and Response
In a recent letter to the House Oversight and Judiciary panels, DOJ Assistant Attorney General Carlos Uriarte argued that Republicans do not need the audio recordings since they have already been provided with transcripts. He also raised concerns about the potential misuse of these files for political purposes and outlined privacy concerns related to an audio recording of an interview compared to a written transcript. The release of such an audio file, he added, could deter future witnesses from cooperating in criminal investigations.
Republicans’ Counterarguments
Despite Uriarte’s concerns, Republicans argue that the transcripts do not fully capture important verbal and nonverbal context. Such context can provide valuable insights into a witness’s demeanor, intent, and potential evasiveness.
Impact of Contempt Proceedings
If the House votes to hold Garland in contempt, it could potentially escalate tensions between Congress and the Justice Department. The contempt resolution would not directly impact the ongoing investigation into Biden’s handling of classified documents, but it could further politicize the process and potentially lead to additional legal battles between the two branches of government.
Recent Schedule Change
The House Oversight Committee recently changed the start time of its Thursday markup to accommodate Republican committee members who are attending the criminal trial of former President Donald Trump in New York City. The committee spokeswoman confirmed the schedule change but did not provide further comment on the reason for the shift.
