The vote is in response to Garland’s refusal to release the audio recordings from special counsel Robert Hur’s October interview with the president. The report issued at the conclusion of Hur’s investigation detailed his determination that, while President Joe Biden had “willfully retained and disclosed classified materials,” it would not be possible to prove a criminal case beyond a reasonable doubt to a jury.
Despite what the House Republicans are arguing, the contempt case against Garland is not a clear case of defying Congress. If Biden’s interpretation of executive privilege is correct, not only is Garland upholding the rule of law, but he is also maintaining a vital delineation between the two branches of government.
My former Republican colleagues in the House of Representatives are quick to defend Trump’s use of executive privilege, and they have often supported broad authority to shield him from congressional oversight. But when it comes to Biden, these same Republicans want an extremely narrow definition of executive privilege to be applied.
The proper path for House Republicans is straightforward — file a motion in federal court challenging the president’s use of executive privilege and seeking a court order to compel the attorney general to produce the audio recording.
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