The Justice Department announced on Friday that Attorney General Merrick B. Garland will not face prosecution for refusing to comply with a congressional subpoena for audio recordings of President Biden’s interview by a special counsel. This decision was not surprising, as President Biden had invoked executive privilege to protect the recordings from being disclosed to G.O.P. lawmakers.
According to Carlos Felipe Uriarte, the assistant attorney general for legislative affairs, the Justice Department’s position is that government officials cannot be prosecuted for contempt of Congress when the president has invoked executive privilege to withhold information. This privilege allows the president to keep certain internal information of the executive branch confidential and protected from disclosure.
Despite the Justice Department’s decision, Speaker Mike Johnson expressed disagreement with the assertions made in the letter from the Department of Justice. He stated that the House would take legal action by filing a lawsuit to compel Mr. Garland to comply with the subpoena.
The dispute over the disclosure of the interview recordings began when House Republicans voted to declare Mr. Garland in contempt of Congress and referred the matter to the Justice Department for criminal investigation. This action followed an interview conducted by special counsel Robert K. Hur, who looked into the president’s handling of classified documents.
Overall, the decision by the Justice Department not to prosecute Attorney General Garland highlights the complex interplay between congressional oversight, executive privilege, and the legal obligations of government officials. It underscores the ongoing tensions between branches of government and the challenges of maintaining transparency while respecting constitutional prerogatives.