The House Judiciary Committee and the House Oversight and Accountability Committee are holding hearings Thursday to consider holding Attorney General Merrick Garland in contempt of Congress. The Department of Justice has refused to provide recordings of special counsel Robert Hur’s interviews with President Joe Biden and his ghostwriter in the classified documents probe, having already provided the transcripts of those interviews.
The outcome of these meetings isn’t in question; committee chairs Jim Jordan and James Comer will push the contempt vote to the House floor. They remain intent on finding anything that they can use to impeach Biden and/or members of his administration, and they won’t let the fact that their efforts so far have been ridiculous stop them.
It took them two tries to impeach Homeland Security Secretary Alejandro Mayorkas, only for the Senate to swat it away. The star witness in their Biden impeachment case turned out to be a Russian mole. And they’ve already been down the road of trying to use Hur’s report to prove Biden unfit for office—a game that Hur refused to play in Jordan’s disastrous hearing. But no embarrassing defeat is going to stop them.
“These audio recordings are important to our investigation of President Biden’s willful retention of classified documents and his fitness to be President of the United States,” Comer said in a press release.
The DOJ has in fact been providing information to Comer and Jordan. In February, it even gave them access to two of the classified documents Biden had from his time as vice president, which Comer insisted were critical to his investigations.
But Comer “has not yet taken us up on our offer,” DOJ Assistant Attorney General Carlos Uriarte wrote in refusing the team’s subpoena for more information.
Uriarte detailed all of the information they had provided in response to their demands and subpoenas in his initial letter to Jordan and Comer in April and concluded “we are therefore concerned that the Committees are disappointed not because you didn’t receive information, but because you did.”
In his second letter to the chairs, Uriarte reiterated that point.
“It seems that the more information you receive, the less satisfied you are, and the less justification you have for contempt, the more you rush towards it,” he wrote. “[T]he Committees’ inability to identify a need for these audio files grounded in legislative or impeachment purposes raises concerns about what other purposes they might serve.”
The purpose, of course, is having audio and video that they can chop up to show Biden unfavorably in their televised hearings. They got the transcripts for their hearing with Hur, but they didn’t find anything, so of course they’re doubling down. It’s Jordan and Comer—what else are they going to do?
But this latest sham does at least give Democrats on the committees yet another opportunity to own Republicans in the hearings.
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Ian Bassin is the former associate White House counsel and co-founder and executive director of Protect Democracy. Protect Democracy is a nonprofit, nonpartisan group focused on anti-authoritarianism, how to protect our democracy, and safeguarding our free and fair elections.
