Mike Johnson plans to fight in court over Biden interview recording.
Speaker Mike Johnson made a bold statement on Friday, announcing that the House is prepared to take the matter to court to enforce the subpoena against Attorney General Merrick Garland for access to President Joe Biden’s special counsel audio interview. This decision came after the Justice Department declined to prosecute Republicans for contempt of Congress following their efforts to obtain the recording.
In response to the Justice Department’s refusal to move forward with prosecution, Johnson expressed disappointment, stating, “It is sadly predictable that the Biden Administration’s Justice Department will not prosecute Garland for defying congressional subpoenas even though the department aggressively prosecuted Steve Bannon and Peter Navarro for the same thing.” Johnson highlighted what he sees as a double standard in the administration’s approach to these matters.
The Justice Department, in a letter sent to Johnson earlier that day, cited the agency’s “longstanding position and uniform practice” of not prosecuting officials who fail to comply with subpoenas due to a president’s claim of executive privilege. President Biden had invoked executive privilege to block the release of the audio, claiming that Republicans were seeking access to it for purely political reasons. Despite this, Republicans proceeded with the contempt effort, voting to hold Garland accountable for refusing to provide the recording.
Assistant Attorney General Carlos Felipe Uriarte emphasized in his communication with Johnson that the Justice Department’s decision not to prosecute in such instances, especially when executive privilege is asserted, has been consistent over the years under presidents of different political affiliations. Therefore, Uriarte confirmed that the department would not be pursuing the congressional contempt citation against the Attorney General.
Republicans, dissatisfied with the handling of the situation, were particularly frustrated when special counsel Robert Hur chose not to prosecute President Biden over his management of classified documents and instead initiated an investigation. Led by Reps. Jim Jordan and James Comer, Republican lawmakers issued a subpoena for the audio recordings of Hur’s interviews with Biden. However, the Justice Department only provided a portion of the records, excluding the audio of the interview with the president.
Accusing the White House of intentionally withholding the tape to prevent voters from hearing it in an election year, Republicans have been vocal in their criticism. A spokesperson for Jordan condemned the Justice Department’s actions, stating, “The rule of law for thee, but not for me.”
A transcript of Hur’s interview with Biden revealed some instances where the president struggled to recall dates and details, although aides clarified that such lapses were not uncommon for him. Biden, at 81 years old, is the oldest sitting president and is seeking reelection for another term. Concerns were raised over the sensitivity of Biden’s age in discussions surrounding his performance.
Attorney General Garland, while emphasizing the Justice Department’s efforts to provide information to lawmakers regarding Hur’s investigation, has maintained that releasing the audio could compromise future sensitive inquiries by deterring witness cooperation if they fear their interviews might be made public.
Last month, White House counsel Ed Siskel, in a letter detailing Biden’s executive privilege assertion, accused Republicans of seeking the recordings with the intent to distort and manipulate them to attack the president. Executive privilege grants presidents the authority to withhold information to maintain decision-making confidentiality, although challenges can be made in court.
The Justice Department highlighted its decision not to prosecute former Attorney General Bill Barr, who faced contempt charges in 2019 after refusing to provide documents related to a special counsel investigation into former President Donald Trump. Similarly, the department opted against prosecuting former White House chief of staff Mark Meadows after he was held in contempt for discontinuing cooperation with the Jan. 6 Committee investigating the Capitol attack.
Moreover, past incidents involving contempt charges against officials, such as former Attorney General Eric Holder in relation to Operation Fast and Furious, saw no action taken by the Justice Department. However, during the Trump administration, figures like Peter Navarro and Steve Bannon faced prosecution for contempt of Congress in connection with the Jan. 6 committee’s subpoenas. Both were convicted and sentenced to prison time.
Special counsel Robert Hur’s year-long investigation into Biden’s mishandling of classified documents concluded with insufficient evidence to pursue legal action. Hur cited challenges with Biden’s memory and the president’s cooperation, suggesting that jurors might view his conduct as an innocent mistake. The report portrayed Biden as someone likely to evoke reasonable doubt in jurors’ minds.
