Atty. Gen. Merrick Garland will not be prosecuted for contempt of Congress because his refusal to turn over audio of President Biden’s interview in his classified documents case “did not constitute a crime,' the Justice Department said Friday. In a letter to House Speaker Mike Johnson , a Justice Department official cited the agency's longstanding policy not to prosecute officials who don’t comply with subpoenas when a president makes a claim of executive privilege.
However, Garland has said releasing the audio could jeopardize future sensitive and high-profile investigations by making future witnesses more concerned about cooperating with authorities. Executive privilege protects a president’s ability to obtain candid counsel from his advisors without fear of immediate public disclosure, and protects confidential communications relating to official responsibilities. Garland is the third attorney general to be held in contempt of Congress.
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