Attorney General Held in Contempt: Clash Over Biden Tapes Ignites Constitutional Firestorm
Nathan Rivero, 6/13/2024DOJ defies House subpoena, igniting constitutional clash over Biden tapes
House Republicans vowed to hold Attorney General Merrick Garland accountable for his defiance, voting 216-207 to hold him in contempt of Congress for refusing to produce audio recordings of President Biden's interviews with special counsel Robert Hur. The move escalates an escalating battle over executive privilege -- with the DOJ arguing that releasing the tapes could undermine future investigations and Republicans demanding transparency on Hur's decision not to prosecute Biden.

"This decision was not made lightly but is essential to ensure transparency and accountability within the Special Counsel's office," House Speaker Mike Johnson declared, hammering Garland for denying access to "materials it needs to conduct its own investigations." The crux of the dispute: Republicans want to verify the accuracy of Hur's transcript and his assertion that Biden would appear to a jury as a "well-meaning, elderly man with a poor memory" -- a characterization Biden and the White House have forcefully rejected.
In a fiery retort, Garland vowed, "We will not be intimidated by these attacks. But it is absurd and dangerous that public servants...are being threatened for simply doing their jobs." He insisted providing the tapes could "deter future presidents from cooperating" and warned of potential "deep fakes" using AI to distort Biden's words.
Yet Republicans remained adamant, with Johnson arguing bluntly: "The attorney general doesn't get to decide whether he hides the tape." Rep. Jim Jordan echoed that "Congress -- not the Executive Branch -- [decides] what materials it needs," underscoring the constitutional clash over separation of powers.
The contempt resolution reflects the deeply partisan divide -- with all 208 Republican votes to approve the rule, while 16 lawmakers abstained and Democrats whipped votes against it. Rep. Jamie Raskin accused the GOP of seeking to "chop up" and "distort" the tapes for "partisan political purposes." Meanwhile, Rep. David Joyce was the sole Republican dissenter, saying he could not "further politicize our judicial system to score political points."
As the standoff escalates, both sides have dug in -- with the White House citing executive privilege and the DOJ warning cooperation could have a "chilling effect," while Republicans decry a coverup and vow to use "the tools at [their] disposal." The contempt citation now heads to the DOJ, which is unlikely to prosecute its own leader -- potentially punting the high-stakes subpoena fight into the courts as each branch battles to defend its constitutional prerogatives.