In a letter seen by Reuters on Friday, the US Department of Justice informed Republican House of Representatives speaker, Mike Johnson, that it would not proceed with criminal contempt of Congress charges against Attorney General Merrick Garland. This decision comes after the Republican-controlled House voted to hold Garland in contempt for refusing to disclose audio of President Joe Biden's interview with a special counsel investigating his retention of classified documents during his tenure as Barack Obama's vice-president.

The Republicans' move to hold Garland in contempt of Congress represents the latest display of partisan conflict over the rule of law, which has become an animating factor in the 2024 presidential campaign. The tight 216-207 vote on Wednesday fell along party lines, with Republicans rallying behind the contempt effort despite reservations among some centrist members of the party.

It was widely anticipated that the justice department would not pursue a prosecution, and during the floor debate, New York congressman Jerry Nadler, who serves as the top Democrat on the judiciary committee, expressed that the contempt resolution would only serve to tarnish Garland's reputation. Nadler reaffirmed that Garland remained a dedicated and honorable public servant, regardless of the Republicans' criticisms.

Garland himself has defended the justice department's actions, stating that officials have made significant efforts to cooperate with the committees regarding the special counsel, Robert Hur, and the investigation into classified documents. He emphasized that a transcript of Biden's interview with Hur had already been provided, and Hur did not recommend any charges against the president. However, the report released by Hur in early 2024 characterized President Biden as an elderly man with a poor memory, causing a stir in Washington.

The role of the justice department in American politics has emerged as a major issue during the 2024 election, with Republicans baselessly asserting that it has been "weaponized" by President Biden. In reality, the department has successfully prosecuted Biden's son, Hunter Biden, on gun charges. It is the Republican candidate, Donald Trump, who has repeatedly made threats to pursue his political adversaries if he wins the November presidential election.

This is not the first time that an attorney general has faced contempt charges. In 2019, the Democratically controlled House voted to issue a referral against Republican Attorney General Bill Barr for his refusal to disclose documents related to a special counsel investigation into President Trump. Similarly, during Barack Obama's administration, Attorney General Eric Holder was held in contempt in relation to the controversial gun-running operation known as Operation Fast and Furious. In both instances, the justice department took no action against the respective attorneys general.

The decision by the US Department of Justice not to pursue criminal contempt charges against Attorney General Merrick Garland has further heightened tensions surrounding the justice department's role in the political landscape. As the 2024 presidential campaign unfolds, the confrontation between Republicans and Democrats over the rule of law continues to dominate discussions.