In a recent decision by the Justice Department, Attorney General Merrick Garland will not be prosecuted for contempt of Congress for his refusal to turn over audio of President Joe Biden's interview in his classified documents case. The department stated that Garland's actions "did not constitute a crime" and cited the long-standing policy of not prosecuting officials who don't comply with subpoenas due to a president's claim of executive privilege.

The issue arose when House Republicans sought to obtain the audio of special counsel Robert Hur's interviews with President Biden during his investigation into the handling of classified documents. However, the Justice Department only provided some of the records, excluding the audio of the interview with the president.

President Biden asserted executive privilege, claiming that the release of the audio was blocked to prevent it from being used for political purposes by Republicans. Attorney General Garland supported this decision, stating that releasing the audio could potentially jeopardize future sensitive and high-profile investigations, as witnesses may become reluctant to cooperate.

The decision by the Justice Department not to prosecute Garland comes after the House voted along party lines to hold him in contempt of Congress. This marks the third time an attorney general has faced such a contempt charge in recent years. The previous instances involved Attorney General Bill Barr in 2019, during the special counsel investigation into President Trump, and Attorney General Eric Holder in relation to the gun-running operation known as "Operation Fast and Furious."

Special Counsel Robert Hur conducted a year-long investigation into President Biden's retention of classified documents, dating back to his time as a senator and vice president. Hur stated that there was insufficient evidence to successfully prosecute a case in court. A transcript of the interview with Biden showed occasional struggles with recalling details but overall demonstrated a deep recall in other areas.

The decision not to prosecute Attorney General Garland aligns with the Justice Department's previous course of action in similar circumstances. The protection of executive privilege, which enables a president to obtain confidential advice and maintain the privacy of official communications, was cited as a justification for the refusal to comply with the subpoena.

As discussions on this issue continue, the focus remains on the balance between congressional oversight and the preservation of executive privilege.