Justice department declines to pursue Merrick Garland contempt charges

justice department declines to pursue merrick garland contempt charges

Merrick Garland testifies on Capitol Hill on 4 June 2024. Photograph: REX/Shutterstock

The US Department of Justice on Friday told the Republican House of Representatives speaker, Mike Johnson, that it would decline to pursue criminal contempt of Congress charges against the attorney general, Merrick Garland, according to a letter seen by Reuters.

The Republican-controlled House had voted on Wednesday to hold Garland, in contempt of Congress for refusing to turn over audio of Joe Biden’s interview with the special counsel investigating his retention of classified documents after he was Barack Obama’s vice-president.

It was Republicans’ latest and strongest rebuke of the justice department as partisan conflict over the rule of law animates the 2024 presidential campaign.

The 216-207 vote fell along party lines, with Republicans coalescing behind the contempt effort despite reservations among some of the party’s more centrist members.

It was immediately predicted that the justice department would not pursue a prosecution.

“This contempt resolution will do very little, other than smear the reputation of Merrick Garland, who will remain a good and decent public servant no matter what Republicans say about him today,” Jerry Nadler, a New York congressman and the top Democrat on the judiciary committee, said during floor debate.

Garland has defended the justice department, saying officials have gone to extraordinary lengths to provide information to the committees about the special counsel, Robert Hur, and the classified-documents investigation, including a transcript of Biden’s interview with him.

Hur did not recommend charges against Biden, but when he issued his report in early 2024 described the president as an elderly man with a poor memory, creating a storm in Washington.

The role of the justice department in American political life has become a huge issue in the 2024 election with Republicans making unfounded statements that it has been “weaponized” by Biden.

In fact, the department has successfully prosecuted Biden’s own son, Hunter Biden, on gun charges and it is the Republican challenger, Donald Trump, who has made repeated threats to come after his political enemies should he win November’s presidential election.

Reuters contributed reporting

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