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Joe Biden
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House Republicans sue Attorney General Merrick Garland over Joe Biden interview recording

  • Legal action comes weeks after the White House blocked Garland from releasing the audio recording to Congress by asserting executive privilege

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Attorney General Merrick Garland. Photo: AP
Associated Press
House Republicans on Monday filed a lawsuit against Attorney General Merrick Garland for the audio recording of President Joe Biden’s interview with a special counsel in his classified documents case, asking the courts to enforce their subpoena and reject the White House’s effort to withhold the materials from Congress.
The lawsuit filed by the House Judiciary Committee marks Republicans’ latest broadside against the Justice Department as partisan conflict over the rule of law animates the 2024 presidential campaign. The legal action comes weeks after the White House blocked Garland from releasing the audio recording to Congress by asserting executive privilege.
Republicans in the House responded by voting to make Garland the third attorney general in US history to be held in contempt of Congress. But the Justice Department refused to take up the contempt referral, citing the agency’s “long-standing position and uniform practice” to not prosecute officials who do not comply with subpoenas because of a president’s claim of executive privilege.
Special Counsel Robert Hur. Photo: AP
Special Counsel Robert Hur. Photo: AP

The lawsuit states that House Speaker Mike Johnson made a “last-ditch effort” last week to Garland to resolve the issue without taking legal action but the attorney general referred the Republicans to the White House, which rebuffed the “effort to find a solution to this impasse”.

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The congressional inquiry began with the release of special counsel Robert Hur’s report in February, which found evidence that Biden, a Democrat, wilfully retained and shared highly classified information when he was a private citizen. Yet Hur concluded that criminal charges were not warranted.

Republicans, incensed by Hur’s decision, issued a subpoena for audio of his interviews with Biden during the spring. But the Justice Department turned over only some of the records, leaving out audio of the interview with the president.

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“The audio recordings, not the cold transcripts, are the best available evidence of how President Biden presented himself during the interview,” the lawsuit reads. “The Committee thus needs those recordings to assess the Special Counsel’s characterisation of the President, which he and White House lawyers have forcefully disputed, and ultimate recommendation that President Biden should not be prosecuted.”

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