On Wednesday afternoon, the House of Representatives voted 216 to 207 along party lines to hold Attorney General Merrick Garland in contempt of Congress over his refusal to provide the audio from President Joe Biden‘s interview with special counsel Robert Hur. The interview was part of the investigation into Biden’s handling of classified documents.
Earlier on Wednesday, a vote to adopt a rule for the consideration of the contempt motion passed narrowly by 208-207 along party lines. Garland has previously stated that he would not release the audio from Biden’s interview, arguing that doing so would hinder future cooperation with the Department of Justice.
Garland has mentioned in his previous testimony before the House that his department has gone to “extraordinary lengths” to respond to the committee’s requests for information. He noted that Hur’s report and transcripts of the interview have already been provided. Hur also testified before Congress for “more than five hours,” according to Garland.
Despite these efforts, Garland has firmly maintained that the actual audio recordings from which the transcripts were created will not be made available.
“Releasing the audio would chill cooperation with the department in future investigations and it could influence witnesses’ answers if they thought the audio of their law enforcement interviews would be broadcast to Congress and the public,” Garland explained.
Garland, in the meantime, has utilized the resources of his own Department of Justice to plead his innocence, with an internal memo sent to media publications stating:
“For nearly seven decades and across presidential administrations of both parties, the Executive Branch has taken the position that the criminal contempt of Congress statute… does not apply to Executive Branch officials who do not comply with a congressional subpoena based on a presidential assertion of executive privilege.”
This precedent, however, was not extended to Dr. Peter Navarro nor Stephen K. Bannon, both sentenced to jail time due to a congressional contempt charge made by the hyper-partisan January 6th committee which both fabricated information and mass deleted evidence.