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In a narrow vote on Wednesday, the Republican-controlled House held Attorney General Merrick Garland in contempt of Congress.
This marks a significant escalation in the GOP’s criticism of the justice system, which they argue has unfairly targeted Donald Trump. The vote passed 216-207, with Rep. David Joyce of Ohio being the sole Republican to join Democrats in voting no, and eight members abstaining.
The contempt charge centers on Garland’s refusal to provide audio of special counsel Robert Hur’s interview with President Joe Biden concerning his handling of classified documents. Republicans demanded the audio after Hur declined to prosecute Biden, partly because a jury might sympathize with him due to his age and memory issues. Democrats countered that the full transcript of the Biden interview has already been made public and warned that Republicans might manipulate the audio for political purposes.
Despite the successful vote, the action remains largely symbolic. The Biden administration has asserted executive privilege over the audio, making it highly unlikely that Garland will face prosecution for ignoring the subpoenas. Historically, the Justice Department has not prosecuted its own head over contempt issues.
Last month, the House Judiciary and Oversight committees recommended holding Garland in contempt for defying subpoenas related to the audio recording. Following the vote, Speaker Mike Johnson emphasized the need for Congress to oversee the special counsel’s work, particularly Hur’s decision not to prosecute Biden. In response, Garland condemned the House’s action, stating, “It is deeply disappointing that this House of Representatives has turned a serious congressional authority into a partisan weapon. Today’s vote disregards the constitutional separation of powers, the Justice Department’s need to protect its investigations, and the substantial amount of information we have provided to the Committees.”
Rep. Jerry Nadler, the top Democrat on the Judiciary Committee, argued that the GOP’s targeting of Garland is a consequence of their inability to find sufficient evidence to impeach Biden. He described the contempt resolution as an attempt to appease the MAGA base after numerous failed investigations. Republicans faced a tight margin for the vote, given their slim majority. Even with the recent swearing-in of Rep. Vince Fong to fill the vacancy left by former Speaker Kevin McCarthy’s resignation, the GOP could afford only two defections. Ultimately, just one Republican, Rep. Joyce, voted against contempt, stating, “As a former prosecutor, I cannot in good conscience support a resolution that would further politicize our judicial system to score political points.”
Judiciary Chairman Jim Jordan suggested that House Republicans might sue to obtain the audio recording. “We assume this is going to wind up in court,” Jordan said, expressing confidence in their legal standing.
The contempt vote is part of a broader Republican strategy to portray a “two-tiered” justice system. They argue this system prosecutes Trump while letting Biden off the hook. The GOP has been vocal about what they see as the “weaponization” of government against Trump and his allies, establishing a special committee to investigate this perceived bias. The vote comes amid other high-profile legal actions, including the recent conviction of Hunter Biden on gun charges and ongoing Justice Department prosecutions against two Democratic Congress members on bribery charges.
Garland is not the first attorney general to face contempt from an opposition-controlled House. The House held Trump’s AG William Barr in contempt in 2019 and Obama’s AG Eric Holder in 2012 over different issues. Neither were prosecuted. As the political and legal battles continue, the contempt vote underscores the deep partisan divisions and the contentious nature of oversight and accountability in Washington.
