US House holds attorney-general Merrick Garland in contempt over Biden audio recordings

Unlock the US Election Countdown newsletter for free

The stories that matter on money and politics in the race for the White House

The Republican-led US House of Representatives has voted to hold the country’s highest law-enforcement official in contempt of Congress for defying an order to hand over audio recordings of Joe Biden’s interviews with special counsel Robert Hur.

The House on Wednesday voted 216-207, along party lines, in favour of censuring attorney-general Merrick Garland, as allies of former president Donald Trump escalated their attacks on the Department of Justice.

House Speaker Mike Johnson, a Republican, said it was “up to Congress” to decide “what materials it needs to conduct its own investigations, and there are consequences for refusing to comply with lawful Congressional subpoenas”.

He added: “This is a simple matter — we have the transcript, and we need the audio.”

Garland appointed Hur in January 2023 to investigate the president’s handling of classified information. The special counsel did not charge Biden but ignited a political firestorm in February when Hur’s report cast the president as an “elderly man” whose “memory was significantly limited” during interviews with investigators.

Last month, Biden blocked the release of audio recordings of his interviews with Hur, with the White House noting the DoJ had already released transcripts of those conversations.

Wednesday’s measure against Garland came just a day after Biden’s DoJ secured the conviction of the president’s son, Hunter, on federal firearm charges.

Republicans have repeatedly claimed, however, that the department has become part of Democratic efforts to prosecute Trump, who faces federal charges relating to his efforts to overturn the results of the 2020 presidential election and to his mishandling of classified documents.

In a letter seen by the Financial Times, Carlos Uriarte, head of the DoJ’s legislative affairs unit, told House Republicans last month that the department had “a responsibility to safeguard the confidentiality of law enforcement files where disclosure would jeopardise future investigations”.

Garland pushed back against Wednesday’s House vote, saying in a statement that it was “deeply disappointing” that the chamber “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,” Garland added.

The House’s censure means Garland could face prosecution, but only if the DoJ decides to begin a legal process against him. It brings to a culmination a fraught battle between the DoJ and Republican lawmakers, who have also sought to probe alleged business connections between Biden and his son Hunter.

Garland has appointed a trio of special counsels in a bid to quash accusations of bias, Hur, prosecutor Jack Smith, who has obtained two federal indictments against Trump, and David Weiss, who brought the gun charges against Hunter Biden.

After Hunter Biden was convicted on criminal gun charges on Tuesday, Weiss thanked Garland for ensuring his office had the “independence to appropriately pursue our investigations and prosecutions”.

Have your say

Joe Biden vs Donald Trump: tell us how the 2024 US election will affect you

Hur’s report into the president’s handling of classified documents sent shockwaves through Washington and revived questions about the 81-year-old’s age and fitness for office.

While Trump is only a few years younger — he will turn 78 later this week — Biden’s age is seen as one of the president’s biggest liabilities on the campaign trail.

In an op-ed published in The Washington Post on Tuesday, Garland said there had been an escalation of “baseless, personal and dangerous” attacks on the DoJ in recent weeks. “Using conspiracy theories, falsehoods, violence and threats of violence to affect political outcomes is not normal,” he warned.

“The short-term political benefits of those tactics will never make up for the long-term cost to our country,” he said. “This must stop.”