‘The One Playing Politics Is Merrick Garland’: Congress Holds AG in Contempt

The U.S. House of Representatives voted Wednesday to hold Biden’s attorney general in contempt of Congress for refusing to comply with a congressional subpoena, a pattern of defiance that the Biden administration has defended. The resolution passed 216 to 207 after a day of deliberation.

House Oversight and Accountability Committee Chairman Rep. James Comer (R-Ky.) and House Judiciary Committee Chairman Rep. Jim Jordan (R-Ohio) subpoenaed Attorney General Merrick Garland in late February, demanding documents and audio recordings pertaining to Special Counsel Robert Hur’s investigation of President Joe Biden’s alleged willful mishandling of classified information while both a senator and the vice president. Previously, Hur concluded that Biden had in fact committed crimes and jeopardized national security but was not mentally fit to be charged with a crime, particularly citing the president’s deteriorating memory.

Garland refused to furnish Congress with the requested audio recordings, providing only written transcripts instead. Rep. Kevin Hern (R-Okla.) explained in a statement, “The White House has a long history of editing Biden’s transcripts to cover up his embarrassing moments on stage; they have acknowledged that these transcripts from the special counsel’s interview with Biden have been edited.” He added, “We need the source material, and if the [Department of Justice] refuses to comply with the subpoena, they are in contempt of Congress.”

Hern expounded on that point on “Washington Watch” Wednesday night. “We’ve seen time and time again President Biden turn the wrong way on stages, walk to where there were no steps, shake hands with ghosts, talk about his dad or his uncle — one of his relatives has been eaten by cannibals — reading a teleprompter, literally word for word, reading the ‘pause’ statement on his speech,” Hern stated. “And then to get those transcripts and see those being removed when it really has no meaning to be removed; you’re kind of wondering, is the evidence really true?”

The congressman also addressed whether or not Wednesday’s contempt vote would prompt Garland to produce the subpoenaed audio recordings. “I could see him coming forward and saying, ‘Okay, uh, yes. I said there was no meaningful use for this, but since you ask, I’ll bring it forward,’” Hern posited. He continued, “The Department of Justice has got to figure out what they’re going to do with a duly nominated and forwarded and confirmed attorney general. Are they going to do their work as the Department of Justice? Are they going to allow him to be political? The one playing politics here is Merrick Garland.”

All but two Republicans voted to hold Garland in contempt Wednesday. One Republican did not vote, but Republican Rep. Dave Joyce (Ohio) voted with Democrats against the resolution. “As a former prosecutor, I cannot in good conscience support a resolution that would further politicize our judicial system to score political points,” Joyce said in a statement. “Enough is enough.”

Hern disagreed Wednesday night, noting that the DOJ has already been politicized by Garland. He noted that Trump allies Peter Navarro and Steve Bannon behaved “exactly” as Garland did, defying congressional subpoenas, but have both been sentenced to prison. “And the court system outside of Washington, D.C. basically have said, ‘When you’re compelled by Congress under an investigation to come forward or present evidence, you’re to be held accountable,’” Hern said. “So the same Department of Justice that said this about these two individuals should be working on the same set of rules, because otherwise what we have is what the American people know and have seen here recently … a two-tiered system of justice.”

An internal DOJ memo issued Wednesday claimed that Garland will be shielded from prosecution, arguing that the information sought by Congress is protected under executive privilege. The memo stated that “no U.S. Attorney has pursued criminal contempt charges against an Executive Branch official asserting the President’s claim of executive privilege.” Bannon, who served as Trump’s chief strategist from August of 2016 to August of 2017, repeatedly claimed presidential protection under executive privilege when subpoenaed by the House January 6 Committee.

Garland himself, in a DOJ statement, called Wednesday’s contempt vote a “partisan weapon.” He added, “Today’s vote disregards the constitutional separation of powers, the Justice Department’s need to protect its investigations, and the substantial amount of information we have provided to the Committees. I will always stand up for this Department, its employees, and its vital mission to defend our democracy.”