Washington, D.C. – The US Department of Justice (DoJ) has announced that they will not be pursuing charges against Attorney General Merrick Garland for contempt of Congress. This decision comes after the House of Representatives narrowly voted to recommend criminal charges against Garland for his refusal to hand over audio tapes of President Joe Biden. The Republican-controlled House voted 216-207 for the DoJ to take action against America’s top law enforcement officer.

The controversy stems from Garland’s refusal to provide Republican lawmakers with interview tapes from a justice department investigation into Biden’s handling of classified documents. Despite the House’s recommendation, a top DoJ official confirmed that Garland’s actions did not constitute a crime. This decision was based on the department’s policy of not pressing charges when the president has invoked executive privilege to withhold requested material.

Executive privilege is a legal concept that allows presidents to keep certain executive branch information confidential from the other branches of government. In this case, Biden had invoked executive privilege to prevent Republicans from accessing tapes of his interview with Special Counsel Robert Hur. The DoJ special counsel determined that although Biden had held onto the documents, he should not face charges.

The White House defended Biden’s decision, stating that Republicans had no legitimate reason to access the five hours of audio since a transcript had already been released. They argued that the GOP intended to use the audio for campaign attack ads against the incumbent Democrat as he runs for a second term as president. The special counsel’s report also noted that prosecutors would likely struggle to secure a conviction against Biden, as jurors might view him as an elderly man with a poor memory.

In response to the DoJ’s decision, Speaker of the House Mike Johnson expressed disappointment and pledged to pursue the matter in federal court. This situation is reminiscent of past cases where attorneys general Eric Holder and Bill Barr were also held in contempt of Congress, only for prosecutors to decline pressing charges. This ongoing saga underscores the tensions between the executive and legislative branches of the US government.