President Joe Biden’s Department of Justice has issued a memo stating that Attorney General Merrick Garland cannot be prosecuted for contempt of Congress due to the application of executive privilege by Biden. This memo conveniently coincided with the House of Representatives voting to hold Garland in contempt for his refusal to comply with Congressional subpoenas regarding records related to the investigation of President Biden’s handling of classified information.
Republicans specifically requested audio tapes of an interview between Special Counsel Robert Hur and Biden, as they believed written transcripts provided by Garland were insufficient. Despite subpoenas issued to Garland, he chose not to release the requested records. The Biden administration’s assertion of executive privilege over the recordings further undermined Congress’s oversight power.
Eventually, the House voted to hold Garland in contempt, with only one Republican dissenting. However, considering the department’s memo, it is highly likely that Biden administration prosecutors will disregard the contempt of Congress recommendation made 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.
Republicans were not convinced. Rep. Gary Palmer expressed his concerns about President Biden’s mental fitness to serve as President, citing Garland’s decision to withhold the audio recordings. This statement from Palmer challenges the common justifications put forth by Democrats.
“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.”
