DOJ Decides Against Prosecuting AG Garland for Contempt of Congress: A Precedent-Setting Dispute Over Executive Privilege

Washington D.C., District of Columbia United States of America
Decision likely to be seen as another example of the two-tiered system of justice brought about by the Biden Administration
Dispute escalated after Garland refused to turn over recorded interviews from a justice department probe of Biden's handling of classified documents
DOJ decides against prosecuting AG Garland for contempt of Congress
House recommends criminal charges against Garland for refusing to hand over audio tapes from an investigation into Biden's handling of classified documents
Republicans argue that access to the tapes would provide more transparency and oversight around the investigation into a sitting US president
This is not the first time executive privilege has been invoked in such a dispute (2019 example with former AG William Barr)
White House defends its decision not to turn over the audio recordings, claiming that they are not necessary since transcripts have already been made public
DOJ Decides Against Prosecuting AG Garland for Contempt of Congress: A Precedent-Setting Dispute Over Executive Privilege

In recent developments, the Department of Justice (DOJ) has announced that it will not prosecute Attorney General Merrick Garland for contempt of Congress. This decision comes after the House of Representatives voted to recommend criminal charges against Garland for refusing to hand over audio tapes from an investigation into President Joe Biden's handling of classified documents. The DOJ's position is based on its longstanding policy not to prosecute executive branch officials who withhold information subject to executive privilege from Congress.

The House Speaker, Mike Johnson, has expressed his disagreement with the DOJ's decision and plans to go to federal court in an attempt to enforce the subpoena and obtain the audio recordings. The dispute escalated after Garland refused to turn over recorded interviews from a justice department probe of Biden's handling of classified documents.

The House voted almost entirely along party lines, with every Republican except one voting for contempt charges against Garland. Republicans argue that access to the tapes would provide more transparency and oversight around the investigation into a sitting US president. The White House has defended its decision not to turn over the audio recordings, claiming that they are not necessary since transcripts have already been made public.

This is not the first time executive privilege has been invoked in such a dispute. In 2019, former Attorney General William Barr was held in contempt of Congress for refusing to comply with a subpoena related to the Mueller report. However, no charges were filed against Barr at that time.

The decision not to prosecute Garland is likely to be seen as another example of the two-tiered system of justice brought about by the Biden Administration. Some argue that this double standard sets a dangerous precedent and undermines the rule of law. The controversy surrounding these investigations and their handling continues to unfold, with potential implications for both parties leading up to the 2025 elections.



Confidence

91%

Doubts
  • Are there any potential legal implications for Garland or the White House if they had complied with the subpoena?
  • Is there any evidence that the audio recordings contain information not already made public in transcripts?

Sources

82%

  • Unique Points
    • The US Department of Justice (DoJ) has declined to press charges against Attorney General Merrick Garland for contempt of Congress.
    • House of Representatives voted to recommend that the DoJ file criminal charges against AG Garland for refusing to hand over audio tapes from an investigation into President Joe Biden.
    • Mr Garland refused to turn over recorded interviews from a justice department probe of Mr Biden’s handling of classified documents.
    • DoJ found that Mr Garland’s actions ‘do not constitute a crime.’
    • The House Speaker plans to go to federal court to force the attorney general to hand over the audio.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (10%)
    The article reports on the US Department of Justice's (DoJ) decision not to charge Attorney General Merrick Garland for contempt of Congress. The author, Max Matza, presents the facts but also includes editorializing and emotional manipulation. He describes Speaker Mike Johnson's reaction as 'sadly predictable' and calls the DoJ decision 'another example of the two-tiered system of justice brought to us by the Biden Administration'. These statements are not factual and are intended to elicit an emotional response from readers.
    • The move stems from Mr Garland’s refusal to turn over to Republican lawmakers recorded interviews from a justice department probe of Mr Biden’s handling of classified documents.
    • He cited the case of two ex-Trump aides, Steve Bannon and Peter Navarro, who tried to cite executive privilege in flouting congressional subpoenas. They were found in contempt of Congress, criminally prosecuted and sentenced to prison terms.
    • As the oldest US president, 81-year-old Mr Biden’s age is seen by opponents as a key political vulnerability.
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

89%

  • Unique Points
    • House Speaker Mike Johnson plans to move in federal court to enforce a subpoena against Attorney General Merrick Garland to obtain audio recordings of President Joe Biden.
    • The Justice Department declined to act on the House’s contempt referral for Attorney General Merrick Garland.
    • Johnson disagrees with the DOJ’s decision and calls it ‘Another example of the two-tiered system of justice brought to us by the Biden Administration.’
  • Accuracy
    • The Justice Department has defended its decision to not turn over the audio recordings of Biden’s interviews with Hur and his team.
    • House Speaker Mike Johnson plans to go to federal court to force the attorney general to hand over the audio.
  • Deception (50%)
    The authors use editorializing language when they call the Biden Administration's handling of the subpoena a 'two-tiered system of justice.' They also selectively report information by only mentioning that Garland was held in contempt and not providing any context as to why or what the subpoena was for. The article does not disclose any sources.
    • Republican lawmakers have argued that access to the tapes would provide more information, transparency and oversight around the investigation into a sitting US president.
    • This is another example of the two-tiered system of justice brought to us by the Biden Administration.
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

99%

  • Unique Points
    • The Justice Department will not prosecute Attorney General Merrick Garland for contempt.
    • House Speaker Mike Johnson received a letter from the DOJ stating that Garland’s responses to subpoenas did not constitute a crime.
    • The Department provided lawmakers with Hur’s report without additional redactions and facilitated his congressional testimony.
    • Transcripts of Hur’s interview with Biden and other materials were produced by the DOJ.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

80%

  • Unique Points
    • Speaker Mike Johnson kept the House Republican conference in line to hold Attorney General Merrick Garland in contempt for defying GOP demands for audio of Biden’s interview with former special counsel Robert Hur.
    • Republicans are having a difficult time getting anything passed due to growing willingness to target the DOJ or Trump’s prosecutors.
  • Accuracy
    • The US Department of Justice (DoJ) has declined to press charges against Attorney General Merrick Garland for contempt of Congress.
    • House Speaker Mike Johnson plans to move in federal court to enforce a subpoena against Attorney General Merrick Garland to obtain audio recordings of President Joe Biden.
  • Deception (30%)
    The article contains selective reporting as it focuses on the political win for House GOP against President Biden and the challenges they face in passing legislation, while omitting any mention of the underlying issues that led to this situation. The author also uses emotional manipulation by implying a sense of urgency and importance regarding the political maneuvers of House GOP and Trump.
    • It was a move long sought by Trump and his many Hill allies
    • Conservatives who believe the White House is within their reach want to pack their pro-Trump priorities into this summer’s lineup of spending bills
    • Republicans are now staring down a grueling five-week slog that will test Speaker Mike Johnson’s ability to manage his unruly factions, not to mention Trump’s outsized expectations.
    • Republicans still have to push through scores of divisive amendments that Republicans had to greenlight in order to satisfy their right flank or risk derailing debate on the annual defense policy bill, which was once a bipartisan affair.
    • Instead, most Republicans acknowledge it’s time to turn ahead to a potential agenda for 2025 if they can win full control of Washington this fall.
  • Fallacies (80%)
    The article contains several instances of appeals to authority and inflammatory rhetoric. The author uses the phrases 'big political punch', 'short-lived victory', 'grueling five-week slog', and 'helping President Trump in his second term' which are all inflammatory and do not add any logical value to the article. Additionally, there are several appeals to authority when the author mentions Trump's expectations, GOP demands, and Biden's Department of Justice. However, no formal fallacies or dichotomous depictions were found.
    • Republicans are now staring down a grueling five-week slog
    • It was a move long sought by Trump and his many Hill allies
    • Republicans still have to push through scores of divisive amendments
    • Conservatives who believe the White House is within their reach want to pack their pro-Trump priorities into this summer’s lineup of spending bills
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (0%)
    None Found At Time Of Publication

97%

  • Unique Points
    • Justice Department will not prosecute Attorney General Merrick Garland for declining to comply with a congressional subpoena for audio recordings of President Biden’s interview by a special counsel.
    • President Biden invoked executive privilege to shield the recordings from being released.
    • The Justice Department considers it not a crime for a government official to fail to provide subpoenaed information when the president has invoked executive privilege.
  • Accuracy
    • DoJ found that Mr Garland’s actions ‘do not constitute a crime.’
    • The Justice Department defended its decision to not turn over the audio recordings of Biden’s interviews with Hur and his team, claiming the decision was made in part to protect this and future investigations.
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication