House Republicans voted Wednesday to hold Attorney General Merrick Garland in contempt of Congress for refusing to turn over subpoenaed audio of meetings between President Biden and Special Counsel Robert Hur.
The 216-207 vote was a victory for House Republicans after numerous lawmakers privately expressed reservations about supporting the bill, delaying GOP priorities for nearly a month. Republicans hold a slim majority in the chamber and could afford to lose by two votes if all lawmakers were present.
The only Republican to vote “no” was Rep. Dave Joyce (R-Ohio).
Republicans have already obtained a transcript of the conversation, in which the president did not discuss anything relevant to the impeachment inquiry, but Republicans are still linking the issue to the impeachment inquiry.
House Oversight and Accountability Committee Chairman James Comer (R-Ky.) opened the debate Wednesday by accusing the Justice Department of “attempting to cover up President Biden’s wrongdoing.”
They also see the audio as a way to probe Heo’s comments about Biden having a bad memory.
Democrats, meanwhile, argue the move is an attempt to help derail the impeachment inquiry, with Rep. Gerry Connolly (D-Va.) calling Garland “a scammer.” [this] “The attempt to impeach the President of the United States has failed.”
The vote would mark a formal censure of Garland but is unlikely to produce any concrete results. Such a move would be a referral to the Justice Department, which would have to consider whether charges are warranted.
President Biden has asserted executive privilege over the tapes, and the Justice Department appears to believe that’s a valid legal basis to avoid a subpoena, according to an internal Justice Department opinion obtained by The Hill before the vote.
“It is disappointing to see the House turn a critical congressional power into a partisan weapon. Today’s vote ignores the Constitution’s separation of powers, the need for the Department of Justice’s investigative protections, and the vast amount of information I have provided to this committee,” Garland said in a statement after the vote.
“I will always defend this department, its employees and its important mission of protecting our democracy.”
Joyce similarly said it was a political move.
“As a former prosecutor, I cannot in good conscience support a resolution that further politicizes our justice system in order to score political points. The American people expect Congress to work for them, solve their policy problems, and prioritize good governance. Enough is enough,” he said in a statement after the vote.
During Wednesday’s debate, Republicans argued that the audio they are seeking could be key to the investigation.
House Judiciary Committee Chairman Jim Jordan (R-Ohio) suggested Biden may have kept classified information in order to write his memoir. Hur found there was insufficient evidence to support the claim that the president knowingly kept the records found in his office and home, and noted that the memoir does not contain classified information.
“President Biden had a strong incentive to ignore proper procedures to protect the classified information in the notebook. He decided to write a book just months before he left office and was paid $8 million for it,” Jordan said, referring to former President Trump’s legal battles.
“A former president has been indicted, but Joe Biden has not. We believe we have a right to all the evidence. In fact, we know we have that right.”
At another point in the debate, Comer asked, “What is the Biden administration trying to hide?”
“Attorney General Merrick Garland’s refusal to turn over this evidence clearly demonstrates that the Department of Justice is engaging in obstructionist activities to cover up President Biden’s wrongdoing,” he said.
But they were derided by Democrats for suggesting such details could be found in conversations that are already on the record, running into 250 pages.
“America, if you lose track of this reckless spin, remember that this is an impeachment inquiry. Do they think the Holy Grail of the 118th Congress – evidence of high crimes and misdemeanors by the President – lurks in the silence of the audiotape, the coughs and sneezes in the background? Of course not,” Rep. Jamie Raskin of Maryland, the Oversight Committee’s top Democrat, said during debate.
“They hope they can find a mispronounced word or phrase or even a brief stutter in President Biden’s five hours of testimony and turn it into an embarrassing political attack TV ad.”
And former House Judiciary Chairman Jerry Nadler (D-N.Y.) noted that Trump, who was convicted by a New York jury on 34 charges relating to falsifying business records to hide hush money payments to adult film productions before the election, will soon be sentenced, making him easy prey for MAGA supporters.
“While this resolution may boost Donald Trump’s morale ahead of the sentencing, it will almost certainly not persuade the Department of Justice to turn over the single remaining file in the matter,” he said.
Republicans had said they wanted the tapes to ensure the records they had were accurate.
But the Justice Department, in a court filing in a separate legal battle to get voice certification, The record was accuratePlease note that it does not include filler words like “um” or “er” or repetitive words like “I, me.”
“The transcript accurately records the audio recording of the words spoken during the interview and there are no material discrepancies,” officials said.
Updated 5:13 p.m.
