(LibertySociety.com) – In a surprise to no one, the Department of Justice (DOJ) has declined to prosecute Attorney General Merrick Garland after the House of Representatives held him in contempt of Congress for defying a lawfully issued subpoena.
The materials requested by House lawmakers included the audio recordings of President Biden’s interview with Special Counsel Robert Hur, who was investigating him for illegally retaining and mishandling classified documents while serving in the Senate and during his vice presidency.
Garland’s underling, Carlos Felipe Uriarte, sent a letter to Speaker Mike Johnson, R-La., on June 14, explaining that Biden “asserted executive privilege” and told Garland to decline the release of the subpoenaed materials from the House Judiciary and Oversight Committees. Uriarte’s letter informed the committees that it was appropriate to assert executive privilege over the materials. Uriarte appeared to insinuate that the production of other requested materials, as well as Hur’s congressional testimony, was enough to satisfy the committees’ requests.
Hur’s description of Biden’s mental capacity in his written report, such as his inability to remember basic details from his political career and personal life, prompted lawmakers to subpoena the audio recordings. Hur’s decision not to pursue charges against Biden was partially based on his belief that a jury would not convict him due to his cognitive decline. Uriarte wrote that the decision not to prosecute Garland was typical after executive privilege had been asserted.
Two Trump administration Cabinet members, including then-Attorney General William Barr, were not charged after being held in contempt of Congress in 2019. However, Biden’s DOJ indicted former Trump administration officials after they refused to comply with a subpoena from the January 6th Committee. Former trade adviser Peter Navarro is currently serving four months in prison after being convicted of contempt of Congress, and former White House Chief Strategist Steve Bannon was recently ordered to report to prison on July 1 for the same thing.
Rep. Anna Paulina Luna, R-Fla., is planning to force a vote on a resolution to hold Garland in “inherent contempt,” which would force his arrest by the House Sergeant at Arms. Such a move has not been used since 1934.
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