In a recent development, House Speaker Mike Johnson has announced that the House will take the matter to court in order to enforce the subpoena against Attorney General Merrick Garland. This comes after the Justice Department's refusal to prosecute Republicans' contempt of Congress charge.

Johnson expressed his disappointment with the Biden Administration's Justice Department, stating, "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 further criticized the perceived two-tiered system of justice under the Biden Administration.

The Justice Department's decision was based on their longstanding practice of not prosecuting officials who do not comply with subpoenas due to a president's claim of executive privilege. President Joe Biden had asserted executive privilege to block the release of the audio from Biden's special counsel interview, with the White House arguing that Republicans were seeking it solely for political purposes.

Despite the executive privilege claim, Republicans voted to punish Garland for his refusal to provide the recording. Assistant Attorney General Carlos Felipe Uriarte clarified that the Justice Department, under presidents from both parties, has consistently declined to prosecute in similar circumstances involving executive privilege claims. As a result, the department will not bring the congressional contempt citation before a grand jury or take any further action against the Attorney General.

The decision has caused frustration among Republicans, who had hoped for further investigation following special counsel Robert Hur's decision not to prosecute President Biden over his handling of classified documents. Republicans, led by Representatives Jim Jordan and James Comer, had sent a subpoena for the audio of Hur's interviews with Biden. However, the Justice Department only released some records, withholding the audio of the president's interview.

Republicans accused the White House of suppressing the tape, suggesting that the president was apprehensive about the potential impact on voters in an election year. Representative Jordan's spokesperson criticized the Justice Department's move, stating, "The rule of law for thee, but not for me."

A transcript of the Hur interview revealed that Biden had difficulty recalling certain dates and occasionally confused details. However, longtime aides noted that these memory lapses were not uncommon for the president. Biden and his team have been sensitive to questions regarding his age, as he is currently the oldest-ever president at 81 and seeking another term.

Garland defended the Justice Department's efforts to provide information to lawmakers regarding Hur's investigation. He maintained that releasing the audio could jeopardize future sensitive investigations as potential witnesses might be less inclined to cooperate if they know their interviews could become public.

Last month, the Biden Administration invoked executive privilege to protect the confidentiality of decision-making. White House counsel Ed Siskel accused Republicans of seeking to distort and manipulate the recordings to attack the president. Executive privilege, while subject to legal challenge, allows presidents to withhold information from the courts, Congress, and the public.

The Justice Department also noted that it had previously declined to prosecute former Attorney General Bill Barr, who was held in contempt in 2019, as well as former Trump White House chief of staff Mark Meadows. Both instances involved refusals to comply with congressional requests for documents.

Meanwhile, former Trump White House officials Peter Navarro and Steve Bannon faced prosecution for contempt of Congress after defying subpoenas from the Jan. 6 committee investigating the U.S. Capitol attack. Both were found guilty at trial and received four-month prison sentences.

Special counsel Robert Hur spent a year investigating President Biden's retention of classified documents from his time as a senator and vice president. Although Hur found insufficient evidence to prosecute a case in court, he cited limitations with the president's memory and the potential for jurors to have reasonable doubts about Biden's intentions.

The House's decision to pursue legal action is expected to further fuel tensions between Republicans and the Biden Administration over the handling of executive privilege claims and the enforcement of congressional oversight.

[Image: Speaker of the House Mike Johnson holds a press conference in Washington, D.C. - Tom Williams/Pool via Reuters]