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Biden’s attorney general is fighting back as the GOP-led House contemplates contempt

Attorney General Merrick Garland is fighting back.

The Republican-led House of Representatives plans to charge Trump with contempt of Congress this week, if it can find the votes. Remember, it’s all about math.

A House leadership source told Fox that a vote would likely take place on Wednesday, but when asked, House Speaker Mike Johnson (R-Louisiana) did not specify that.

Garland remained silent when I chased him down a hallway before a House Judiciary Committee hearing in the Rayburn Office Building, and even received an unnecessary elbow strike from an FBI security guard before fleeing into a waiting room.

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“Are you going to fight back against what they’re trying to do with the contempt charges?” I asked Garland as we shuffled down the hallway.

no response.

“Are you going to fight back against what they’re trying to do with their disdain?”

silence.

“Do you consider this to be an abuse of the contempt process?”

See above.

Merrick Garland testifies

Attorney General Merrick Garland testifies during a House Judiciary Committee hearing on the Department of Justice, Tuesday, June 4, 2024, on Capitol Hill in Washington. (AP/Jacqueline Martin)

But after House Judiciary Committee Chairman Jim Jordan (R-Ohio) closed the hearing, the scholarly Garland lashed out at Republicans, lashing out at speculation that his Justice Department was hostile to former President Trump and biased against Republicans.

“These attacks have not and will not affect our decision-making. I take the insults seriously,” Garland said. “I will not be intimidated, and neither will the Department of Justice. We will continue to work hard to do our jobs free from political influence, and we will not shy away from protecting our democracy.”

“Legal battle” is the new Republican slogan for Garland, Manhattan District Attorney Alvin Bragg and Fulton County Attorney Fani Willis, who have accused Garland’s Justice Department of working with local authorities to target Trump.

Jordan unleashed a fierce verbal attack on Garland, airing a litany of grievances against the attorney general in the hope that one of them would pass.

“This is the same Department of Justice with a Civil Rights Division that refused to address attacks on Jewish students on college campuses. This is the same Department of Justice that won’t tell us who planted the pipe bombs on January 6th, who leaked the Dobbs draft, or who brought cocaine into the White House,” Jordan said. “Many Americans now believe there is a double standard in our justice system. They believe it because it is.”

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“They are seeing Lady Justice’s blindfold come off,” added Rep. Ben Klein (R-Va.).

But Democrats did not accept any of the Republican speculation about a dual justice system.

Indeed, Garland described claims of Republican bias as a “conspiracy theory.”

“Attacks on the rule of law destroy public confidence in the basic foundations of our democracy,” Garland declared.

Matt Gates

(Aaron Schwartz/NurPhoto via Getty Images)

Rep. Matt Gaetz (R-Fla.) clashed with the attorney general over providing “communications between the Department of Justice and the office of Alvin Bragg.”

“You’re attacking this as a conspiracy theory that this is a coordinated legal war against (former President) Trump,” Gaetz said. “But when you say, ‘We have received your request and will address it through the Department of Justice’s coordinated process,’ you’re actually promoting the very dangerous conspiracy theory that you’re concerned about.”

Democrats have accused Republicans of alleging the fraud was perpetrated on Hunter Biden’s behalf, pointing to the president’s own Justice Department’s indictment of his eldest son, not to mention the ongoing prosecution involving Sen. Bob Menendez (D-Den.) and Rep. Henry Cuellar (D-Texas).

Rep. Steve Cohen (D-Tenn.) suggested Democrats have concrete evidence that the odds are not stacked against Republicans.

“I notice that Mr. Gaetz, who first attacked you, is not here right now,” Cohen told Garland. “And that’s unfortunate, because he is living proof and direct evidence that you have not weaponized the Department of Justice. He was investigated for sex trafficking allegations. You chose not to indict this very active Republican when many expected an indictment.”

Democrats never wanted to see the president’s son, Hunter Biden, convicted on firearms charges, but Hunter’s conviction gave them an opportunity to argue that Republican claims of an unfair justice system don’t hold up.

“When Donald Trump was convicted, Republican leaders reacted immediately. We knew within seconds that the trial was a sham. The judge was corrupt. The jury was rigged. And the contrast today is shocking,” said Rep. Jim McGovern of Massachusetts, the ranking Democrat on the House Rules Committee. “But when a Democrat is convicted, and the president’s son is convicted, that’s justice. Give me a break.”

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Mike Johnson denied that Hunter Biden’s conviction would weaken the Republican case.

“That’s not the case. Every case is different. And obviously the evidence was overwhelming. I don’t think that’s the case in President Trump’s trial. Every charge that was brought against him was clearly brought for political purposes. Hunter Biden is a different case,” Johnson said.

Republicans can bring contempt charges because, despite their slim majority, they have the votes, and moderates now appear intent on holding Garland in contempt.

“I think this administration is trying to run out the clock and avoid responsibility,” Rep. Marc Molinaro of New York said. “Whether you agree or disagree with the president, I understand that Congress has a responsibility to provide checks, balances and oversight, and this administration should abide by that whether they like it or not. I certainly support a contempt vote.”

“He has a responsibility to comply with lawful subpoenas,” said Rep. Mike Lawler, D-N.Y. “He’s just picking and choosing which ones he wants to comply with.”

The dome of the U.S. Capitol building as seen before the sun rises in Washington DC.

(AP Photo/Carolyn Custer)

In 2012, the House voted to hold then-Attorney General Eric Holder in contempt of Congress. House Republicans accused Holder of concealing documents related to a gun-smuggling investigation known as “Fast and Furious.” The House voted 255-67 to hold Holder in criminal contempt. Two Republicans voted against the motion. Seventeen Democrats voted in favor. However, most Democrats abstained from the vote in protest.

No Democrats are expected to join the effort this year, and the Justice Department is unlikely to indict Garland.

Republicans know that. And while many want to defend the Justice Department, they would prefer to leave the issue alone until November. They will point out that the Biden Justice Department did not indict Garland for failing to cooperate with Congress. But it did indict former Trump aides Steve Bannon and Peter Navarro for failing to comply with subpoenas related to the January 6th indictment.

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Republicans will likely remind voters of that — and are sure to threaten Garland if former President Trump returns to the White House.

“Do you know what happened to Peter Navarro and Steve Bannon when they decided to ignore congressional subpoenas?” asked Rep. Dan Bishop (R-N.Y.). “Navarro is in jail.”

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