Speaker Johnson Vows Action After Biden’s DOJ Declines To Prosecute Garland


OPINION: This article may contain commentary which reflects the author's opinion.

The Department Of Justice has made a decision not to prosecute Attorney General Merrick Garland following a contempt of Congress referral from the GOP-led House.

The attorney general, who has said again and again that no one is above the law, will not be prosecuted for the same charge his department has utilized to prosecute former President Donald Trump advisors Steve Bannon and Peter Navarro.

The charge centers on the attorney general’s refusal to provide the House with the audio recordings of Special Counsel Robert Hur’s interviews with President Joe Biden, after which Hur said he would not recommend criminal charges against the president, CNN, who sued for access to the audio recordings of President Biden’s interviews with Hur, reported.

The president was investigated by Hur for mishandling classified documents, the same thing that former President Trump is charged with in an ongoing case led by Special Counsel Jack Smith.

Hur said he would not seek charges against the president because he believed that a jury would see President Biden as “a sympathetic, well-meaning, elderly man with a poor memory.”


“Consistent with this longstanding position and uniform practice, the Department has determined that the responses by Attorney General Garland to the subpoenas issued by the Committees did not constitute a crime, and accordingly, the Department will not bring the congressional contempt citation before a grand jury or take any other action to prosecute the Attorney General,” the Department of Justice said in a letter to Speaker of the House and Louisiana Republican Rep. Mike Johnson.

Speaker Johnson disagreed with the department’s decision and said it was “another example of the two-tiered system of justice brought to us by the Biden Administration.”

“The House disagrees with the assertions in the letter from the Department of Justice, and as Speaker, I will be certifying the contempt reports to the U.S. Attorney for the District of Columbia. We will also move to enforce the subpoena of Attorney General Garland in federal court. It is sadly predictable that the Biden Administration’s Justice Department will not prosecute Garland for defying congressional subpoenas even though the department aggressively prosecuted Steve Bannon and Peter Navarro for the same thing,” he said in response to the decision.

On Wednesday, every Republican representative except Ohio Rep. Dave Joyce voted to hold Attorney General Garland in contempt.


In May, Rep. Jim Jordan said that withholding the audio tapes was an effort to tip the scales of the election for the president.

In an interview with Hannity, Jordan lamented Garland’s refusal to turn over the recorded interview after Biden claimed executive privilege, which led to a House committee recommending on Friday to hold the AG in contempt.

“Now, didn’t the issue of — for example, you’re the chairman of a committee. Last time I checked, we have three coequal branches of government and your Branch of government, you’re a member of Congress, the legislative Branch, that you would have oversight over the executive Branch and that would be part of Congress’ role, correct?” Hannity asked to begin the segment.

“Sure is. One of our constitutional duties is to do oversight of the executive Branch and the agencies that fall under our jurisdiction, Homeland Security and, of course, the Department of Justice,” Jordan responded.


“All right, can you do then, Jim Jordan, congressman, can you explain to me, based on what you just said, how it is that Garland actually mentioned the political impact of the tape early on, when the request came in to turn the tape over and transcript over that they didn’t want to turn over, that it might have an impact on the election? Because withholding it, sounds to me like he is trying to tip the election or the scales of the election in favor of his boss, Joe Biden,” Hannity then said.

“Yeah, and you just played, they said Biden and the attorney general said they wanted to be independent and impartial. Okay. That’s what we are supposed to evaluate. That’s part of our oversight. What we do know is you’ve charged President Trump with a crime on the classified documents issue, and you didn’t charge Joe Biden,” Jordan said.

“Are you really being impartial, particularly when on page one of Robert Hur, the special counsel’s report, he says Joe Biden knowingly kept, and Joe Biden knowingly disclosed classified information? On page 231 of his report, he said Joe Biden had strong motivations for ignoring classified procedures, he knew he was writing a book — a book for which he got paid an $8 million advance. So we have motive, an $8 million motive, we have the elements of the crime then, but Robert Hur says, ‘We’re not going to bring a charge, we won’t recommend charges because he is a forgetful, elderly gentleman.’ Okay, so give us all the evidence,” Jordan added.

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