House GOP sues AG Garland over access to Biden special counsel interview audio
WASHINGTON — House Republicans on Monday filed a lawsuit against Attorney General Merrick Garland for the audio recording of President Joe Biden’s interview with a special counsel in his classified documents case, asking the courts to enforce their subpoena and reject the White House’s effort to withhold the materials from Congress.
The lawsuit filed by the House Judiciary Committee marks Republicans’ latest broadside against the Justice Department as partisan conflict over the rule of law animates the 2024 presidential campaign. The legal action comes weeks after the White House blocked Garland from releasing the audio recording to Congress by asserting executive privilege.
Republicans in the House responded by voting to make Garland the third attorney general in U.S. history to be held in contempt of Congress. But the Justice Department refused to take up the contempt referral, citing the agency’s “longstanding position and uniform practice” to not prosecute officials who don’t comply with subpoenas because of a president’s claim of executive privilege.
The lawsuit states that Speaker Mike Johnson, R-La., made a “lastditch effort” last week to Garland to resolve the issue without taking legal action but the attorney general referred the Republicans to the White House, which rebuffed the “effort to find a solution to this impasse.”
Garland has defended the Justice Department, saying officials have gone to extraordinary lengths to provide information to the committees about special counsel Robert Hur’s classified documents investigation, including a transcript of Biden’s interview with him.
The congressional inquiry began with the release of Hur’s report in February, which found evidence that Biden, a Democrat, willfully retained and shared highly classified information when he was a private citizen. Yet the special counsel concluded that criminal charges were not warranted.
Republicans, incensed by Hur’s decision, issued a subpoena for audio of his interviews with Biden during the spring. But the Justice Department turned over only some of the records, leaving out audio of the interview with the president.
“The audio recordings, not the cold transcripts, are the best available evidence of how President Biden presented himself during the interview,” the lawsuit reads. “The Committee thus needs those recordings to assess the Special Counsel’s characterization of the President, which he and White House lawyers have forcefully disputed, and ultimate recommendation that President Biden should not be prosecuted.”
On the last day to comply with the Republicans’ subpoena for the audio, the White House blocked the release by invoking executive privilege. It said that Republicans in Congress only wanted the recordings “to chop them up” and use them for political purposes.