House Speaker Mike Johnson revealed that House Republicans plan to take the Department of Justice (DOJ) to court next week to obtain audio recordings of President Biden's interview with special counsel Robert Hur.
Fox News reported that this legal action arises from the DOJ's refusal to release the tapes, citing executive privilege, amidst a broader investigation into Biden's handling of classified documents.
In a press conference, Johnson, a Republican from Louisiana, stated that the GOP is set to file the lawsuit in the District of Columbia's district court.
He stressed the importance of acquiring the audio tapes for a deeper comprehension of President Biden's state of mind during his interview with Hur.
The announcement follows Attorney General Merrick Garland's decision to refuse the House GOP's subpoena for the tapes, citing executive privilege claimed by President Biden. This action has become another flashpoint in the ongoing tension between House Republicans and the DOJ.
While the Department of Justice has already released a transcript of the interview, Republicans argue that an audio recording is critical for assessing Biden's cognitive state.
Robert Hur, the special counsel, ultimately decided not to press charges against Biden for his mishandling of classified documents, citing Biden's advanced age and declining memory.
Hur described Biden as a "well-meaning, elderly man with a poor memory." He expressed that it would be challenging to convince a jury to convict Biden, who would be in his eighties, of a serious felony requiring a willful mental state.
The lawsuit announcement is part of a larger series of actions by House Republicans aimed at holding the DOJ accountable. Earlier this month, the House held Garland in contempt and referred him to his own department for criminal charges. The DOJ, however, declined to pursue these charges.
Representative Anna Paulina Luna from Florida is gearing up to push for a vote on an "inherent contempt" resolution against Garland. This procedural move, not utilized since the 1930s and never on a Cabinet official, would mandate the Sergeant-at-Arms to detain Garland for a trial in the House.
Johnson mentioned having discussions with Luna and other colleagues regarding various strategies. "I've talked to Anna Paulina Luna and other colleagues about various ideas, but I don't think anything's been settled on as of yet," he stated.
The Department of Justice declined to comment on Johnson's announcement of the impending lawsuit. The agency's stance remains firm on protecting executive privilege and President Biden's rights concerning the interview tapes.
The House GOP's demand for the audio tapes underscores their continued scrutiny of how President Biden managed classified documents. Despite Hur's determination not to prosecute Biden, the Republican-led House remains focused on examining potential oversights and clarifying Biden's cognitive abilities during the period in question.
Democrats, meanwhile, view the request for audio recordings as a partisan ploy designed to politicize the DOJ. They argue that the GOP's motives are more about scoring political points rather than seeking genuine accountability.
The upcoming lawsuit could lead to a significant legal battle between the legislative and executive branches over access to sensitive materials and the limits of executive privilege.
As the situation develops, it remains to be seen how effective the House Republicans' strategy will be in compelling the DOJ to release the audio tapes. Their efforts symbolize a continued determination to probe President Biden's actions and hold the DOJ accountable for its responses to congressional investigations.
Garland's potential apprehension under an inherent contempt resolution would mark a historic moment in Congress's oversight practices. The inherent contempt power has been dormant for decades, revealing the lengths to which Republicans are willing to go to enforce their investigative demands.
Within the House GOP, discussions continue on the best ways to proceed with their pursuit of the audio recordings. Johnson's press conference hinted at a tactical alliance among Republican lawmakers, though specific plans are still under refinement.
If Johnson's lawsuit succeeds, it could set a new precedent for congressional power in subpoena enforcement, particularly regarding privileged communications involving sitting presidents.
With the lawsuit expected to be filed next week, all eyes will be on the D.C. district court's response and the DOJ's subsequent actions. Meanwhile, Republicans are likely to keep pressing for transparency and accountability from the executive branch.
In summary, House Republicans, led by Speaker Mike Johnson, intend to sue the DOJ to obtain audio tapes of President Biden's interview with special counsel Robert Hur.
Attorney General Merrick Garland denied their earlier subpoena, citing executive privilege.
This legal move emphasizes ongoing GOP efforts to scrutinize Biden's handling of classified documents and hold Garland accountable, with Representative Anna Paulina Luna preparing a resolution for inherent contempt against Garland. The DOJ has declined to comment, and the situation remains dynamic as the House GOP's judicial challenge approaches. This escalating conflict highlights broader issues of executive privilege, legislative oversight, and political strategy in today's governance.
