In an act of political theatre that would make Shakespeare roll over in his grave and ask for popcorn, House Republicans on Wednesday voted to hold Attorney General Merrick Garland in contempt of Congress. His crime? Refusing to hand over audio of President Biden’s interview with Special Counsel Robert Hur, which the Department of Justice has delicately guarded like the last jelly doughnut in the break room.
The vote, passing with a razor-thin margin of 216 to 207, was mostly along party lines, with just one Republican breaking ranks and presumably being gently reminded at the next caucus meeting to read the room. The move was prompted by the Justice Department’s steadfast refusal to turn over recordings tied to the classified documents investigation involving President Biden, a matter over which Garland appears to have developed a sudden affection for executive privilege.
As background, Hur’s investigation concluded that no criminal charges would be filed against the President despite a few memory lapses that Hur described as “poor,” which in Washington is considered a polite euphemism for “awkward holiday dinner.” The written transcript of Biden’s interview with Hur has already been released, but House Republicans claim that only the audio will truly reveal whether the President sounded more like a statesman or a confused uncle at a trivia night. Attorney General Garland, on the other hand, insists that releasing the audio would set a dangerous precedent for future confidential interviews. Presumably, he does not mean musical ones.
In response to the vote, the Justice Department predictably remained unmoved, issuing a politely terse statement reminding everyone that Congress does not actually have the power to prosecute anyone for contempt, so unless someone is planning to make a citizen’s arrest outside the DOJ headquarters, this is more symbolic than actionable.
Nevertheless, the decision to press ahead came despite the White House having already asserted executive privilege over the recordings, making Garland’s position slightly more fortified than your average medieval castle. Critics, including Democrats and legal scholars, have suggested that Republicans are less interested in accountability and more interested in adding another log to the perpetual fire labeled “Biden Scandals,” which has been burning steadily since precisely two minutes after he took office.
Some Democratic lawmakers were quick to point out the curious timing, noting that if Republicans were genuinely concerned about classified documents, they might want to start with the guy who left a few in the Mar-a-Lago ballroom next to the golf trophies. But decorum being what it is, no names were mentioned. Loudly.
As for Attorney General Garland, he joins a storied line of top officials held in contempt, including Eric Holder in 2012 and William Barr in 2019, suggesting that contempt in Washington is basically just part of the job description.
Of course, holding someone in contempt of Congress rarely results in anything more than scathing press releases and dramatic fundraising emails, so Garland may sleep soundly tonight, provided he avoids C-SPAN reruns.
Washington may not always get results, but it never fails to deliver a compelling plot twist and a cliffhanger.