In a significant development, House Republicans have filed a lawsuit against Attorney General Merrick Garland, demanding the enforcement of their subpoena for the audio recording of President Joe Biden's interview with a special counsel in the classified documents case. The lawsuit, initiated by the House Judiciary Committee, marks the latest clash between Republicans and the Justice Department over the rule of law, which has become a key point of contention in the 2024 presidential campaign.

The legal action comes after the White House invoked executive privilege to block Garland from releasing the audio recording to Congress. Republicans responded by voting to hold Garland in contempt of Congress, making him the third attorney general in U.S. history to face such a charge. However, the Justice Department refused to pursue the contempt referral, citing their long-standing practice of not prosecuting officials who do not comply with subpoenas due to a president's claim of executive privilege.

The lawsuit details how House Speaker Mike Johnson attempted a resolution without legal action, but Garland referred the Republicans to the White House, which rejected the effort to find a solution to the impasse. Garland has defended the Justice Department's actions, highlighting their efforts to provide information to the committees investigating the classified documents case, including a transcript of Biden's interview with the special counsel.

The congressional inquiry began following the release of the special counsel's report, which revealed evidence that Biden, while a private citizen, willfully retained and shared highly classified information. However, the special counsel ultimately concluded that criminal charges were not warranted. Republicans were dissatisfied with this decision and subpoenaed the audio recordings of Biden's interviews. While the Justice Department did provide some records, it omitted the audio of the interview with the president.

The lawsuit argues that the audio recordings, not just transcripts, are crucial in assessing how President Biden presented himself during the interview. House Republicans argue that these recordings are necessary to evaluate the special counsel's characterization of the president, which the White House has forcefully disputed. The recordings are also seen as vital in determining whether President Biden should be prosecuted.

The White House's decision to block the release of the audio recording by invoking executive privilege has been met with resistance from Republicans. They argue that access to both the audio recordings and transcripts is essential for evaluating the storage, handling, and disclosure of sensitive documents within the executive branch. Additionally, prolonging the investigation allows Republicans to highlight parts of the special counsel's report that were politically damaging to Biden as he faces reelection against former President Donald Trump in November.

The lawsuit against Attorney General Garland raises important legal questions around executive privilege. While the courts have not extensively addressed this issue, the Supreme Court's ruling in the Watergate tapes case suggests that the privilege is not absolute. In that case, the Supreme Court ruled unanimously that President Richard Nixon had to turn over the tapes, indicating that arguments for turning over documents or allowing testimony may outweigh arguments for withholding them.

It remains to be seen how the lawsuit against Garland will unfold, as courts generally prefer that disputes between the White House and Congress are resolved without judicial intervention. However, this latest legal standoff further intensifies the partisan conflict surrounding the rule of law and sets the stage for a contentious battle between Republicans and the Justice Department.