DOJ won’t prosecute Merrick Garland for contempt, despite the GOP vote

Attorney General Merrick Garland will not be prosecuted for contempt of Congress because his refusal to turn over audio of President Joe Biden’s interview in his classified documents case “did not constitute a crime," the Justice Department said Friday.

In a letter to House Speaker Mike Johnson, a Justice Department official cited the department's longstanding policy not to prosecute officials who don’t comply with subpoenas because of a president’s claim of executive privilege.

The Democratic president asserted executive privilege last month, blocking the release of the audio, which the White House says Republicans want only for political purposes.

The Justice Department's decision comes days after the House voted along party lines to hold Garland in contempt of Congress.