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Justice Department blasts GOP effort to hold Atty. Gen. Garland in contempt over Biden audio

Atty. Gen. Merrick Garland speaks in front of the U.S. flag during a news conference.
Atty. Gen. Merrick Garland speaks during a news conference at Department of Justice headquarters in Washington in March.
(Jose Luis Magana / Associated Press)
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The Justice Department on Monday blasted Republicans’ effort to hold Atty. Gen. Merrick Garland in contempt over his refusal to turn over unredacted materials related to the special counsel inquiry into President Biden’s handling of classified documents.

In a letter obtained by the Associated Press, the Justice Department rejected the demand from House Republicans that the agency turn over the full audio of special counsel Robert Hur’s hours-long interviews with Biden and his ghostwriter. Republicans had given the Justice Department until Monday to provide the audio.

Assistant Atty. Gen. Carlos Uriarte, the Justice Department’s head of congressional affairs, said in the letter to Reps. James Comer (R-Ky.) and Jim Jordan (R-Ohio) that despite GOP claims to the contrary, the department has complied with each of the four elements of subpoena that House Republicans sent in February.

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The special counsel who investigated President Biden over his handling of classified information says there are ‘clear’ differences from Donald Trump’s case.

Feb. 10, 2024

“The Committees’ reaction is difficult to explain in terms of any lack of information or frustration of any informational or investigative imperative, given the Department’s actual conduct,” Uriarte wrote. “We are therefore concerned that the Committees are disappointed not because you didn’t receive information, but because you did.”

He added, “We urge the Committees to avoid conflict rather than seek it.”

The pushback from the department and the seeming unwillingness to provide the audio could trigger a legal battle between the White House and the GOP chairmen leading the contempt effort on Capitol Hill, potentially setting up a scenario where Biden would have to exert executive privilege to halt the release of the audio recording to Congress.

The maneuvering could also delay the release of any audio until after the November election.

The letter is just the latest point of contention between Republicans investigating Biden and the Justice Department tasked with overseeing a myriad of politically fraught federal inquiries, including one into Hunter Biden, the president’s son.

Special counsel Robert Hur stands by his report on Biden’s memory, but the full transcript of their interview raises questions about his depiction of the president.

March 12, 2024

Hur spent a year investigating the improper retention of classified documents by Biden, from his time as a senator and as vice president. The result was a 345-page report that questioned Biden’s age and mental competence but recommended no criminal charges for the 81-year-old president, finding insufficient evidence to make a case that would stand up in court.

Last month, Hur stood by the assessment in his report in testimony before the House Judiciary Committee, where he was grilled for more than four hours by Democratic and Republican lawmakers.

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“What I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe,” Hur told lawmakers. “I did not sanitize my explanation. Nor did I disparage the president unfairly.”

Amiri writes for the Associated Press.

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