Attorney General Merrick Garland is getting another chance to deliver audio recordings from special counsel Robert Hur’s investigation into President Joe Biden‘s handling of classified documents to House Republicans.
House Oversight Chairman James Comer (R-KY) and Judiciary Chairman Jim Jordan (R-OH) sent a letter to Garland on Monday saying he had 10 more days to fully comply with their February subpoenas or face contempt of Congress proceedings.
“Your response to the subpoenas remains inadequate, suggesting that you are withholding records for partisan purposes and to avoid political embarrassment for President Biden,” the pair wrote, according to a copy of the letter obtained by The Daily Caller.
The lawmakers said they will have “no choice but to invoke contempt of Congress proceedings” unless they are given the audio recordings of Hur’s interview with Biden and of the special counsel’s interview with Biden’s ghostwriter, Mark Zwonitzer.
“To avoid this, the Committees expect you to produce all responsive materials no later than 12:00 p.m. on April 25, 2024,” Comer and Jordan added.
The two chairmen had previously set an April 8 deadline, warning their committees would “consider taking further action, such as the invocation of contempt of Congress proceedings” without full compliance.
Assistant Attorney General Carlos Uriarte sent a letter to the lawmakers on April 8, saying a transcript for the two-day interview with Biden already provided to them should be sufficient. A transcript of Hur’s interview with Zwonitzer was also given.
The Department of Justice is “concerned” about the demands “that is cumulative of information we already gave you” and they indicate lawmakers want it for “political purposes” rather than “legitimate oversight or investigatory functions,” Uriarte said.
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Hur’s report, which was released in February, criticized Biden’s retention of classified records while out of office, yet the prosecutor declined to recommend charges.
The report described Biden as a “sympathetic, well-meaning, elderly man with a poor memory” whom a jury likely would not convict “of a serious felony that requires a mental state of willfulness.”
Hur also found that Zwonitzer deleted recordings of conversations he had with Biden upon learning about the documents inquiry.
However, the ghostwriter provided “plausible, innocent reasons” for his actions during the interview and Hur said he ultimately determined the evidence would not suffice for a conviction on obstruction of justice.
Biden and the White House have pushed back against Hur’s characterizations in his report, but Garland insisted that it would have been “absurd” for someone in his position to have edited or censored the special counsel’s explanation.
During testimony on Tuesday, Garland acknowledged his agency sent correspondence “explaining our position with respect to the recordings” and noted the “longstanding practice” of keeping witness records confidential to not “chill” future investigations.