'I will not be intimidated': AG Merrick Garland response to House GOP threat of contempt

WASHINGTON ? Attorney General Merrick Garland, who has been threatened with contempt by Republican House members, responded forcefully on Tuesday by saying that he ? and the Justice Department ? won't be intimidated.

At a contentious hearing of the House Judiciary Committee, Chair Rep. Jim Jordan, R-Ohio, sharply criticized Garland for refusing to release the recording of President Joe Biden discussing the classified documents found at his home with special counsel Robert Hur. The Judiciary Committee and the Oversight Committee have voted on party lines to hold Garland in contempt.

Jordan proposed Monday to eliminate funding for a new FBI headquarters and for special counsel Jack Smith, who is prosecuting former President Donald Trump for attempting to overturn the 2020 election and for retaining and refusing to return classified documents after leaving office.

"Many Americans believe there's now a double standard of our justice system. They believe that because there is," Jordan said in opening the hearing. "And we're going to have lots of questions about that problem."

But Garland, a former federal prosecutor and appeals court judge, said in his opening statement to the committee that he wouldn't be pressured by the move to hold him in contempt. The department provided lawmakers with a transcript of the interview, Garland said, but releasing the recording could jeopardize future investigations. Biden invoked executive privilege to keep the recording confidential.

"These repeated attacks on the Justice Department are unprecedented and unfounded," Garland told lawmakers. "I view contempt as a serious matter. But I will not jeopardize the ability of our prosecutors and agents to do their jobs effectively in future investigations. I will not be intimidated."

Garland also slammed Republicans for "false claims" that Trump's conviction for falsifying business records in New York state court "was somehow controlled by the Justice Department."

"That conspiracy theory is an attack on the judicial process itself," Garland said.

Hur decided not to charge Biden with any crimes for the classified documents found in his former Washington, D.C. office and Delaware home, saying the evidence did not establish his guilt "beyond a reasonable doubt." Hur's report also described Biden as a "well-meaning elderly man with a poor memory."

House Republicans argued they needed to hear the recording to gauge Biden's capacity to hold office. The Judiciary and Oversight committees voted in May to hold Garland in contempt for refusing to turn over the recording.

If the full House votes to hold Garland in contempt for refusing to turn over the recording, the move is largely symbolic because the department is unlikely to prosecute the attorney general.

"These attacks have not, and they will not, influence our decision making," Garland said.

Garland says Justice Department cooperation has gone 'beyond precedent'

During the hearing, Jordan and other Republicans, including Matt Gaetz of Florida, accused Garland ? without offering any proof ? of improperly weaponizing the Justice Department against Trump as Trump runs for the presidency. That includes playing a role in the four criminal prosecutions against Trump, including the New York case that resulted in his conviction on hush money charges last week.

The state case in New York was brought by the Manhattan district attorney, who is elected locally, and there is no known evidence of any involvement by the Justice Department in that investigation or charging decision. Another case was brought by the local elected district attorney in Fulton County, Ga., and two were brought by special prosecutor Jack Smith, who Garland appointed to avoid political interference in the case.

The Republicans also accused Garland of refusing to cooperate with their committee investigations into various aspects of the Biden administration.

With each question and accusation, Garland politely disagreed, saying the department under his leadership is conducting its activities by the book, and cooperating with Republicans in Congress where appropriate.

Coming to Garland’s defense, the committee's ranking Democrat Jerrold Nadler of New York said the Biden Justice Department has produced more than 92,000 pages of documents to Congress and made 25 employees available for interviews, or “exponentially” more than the Trump administration did in its four years in office.

“Is that correct?” Nadler asked.

“Yes,” Garland replied.

Garland also said the Justice Department has “gone beyond precedent” to cooperate with the committee’s investigation into the Biden classified documents case.

“But we have made clear that we will not provide audio recordings ? from which the transcripts you already have were created,” Garland testified. “Releasing the audio would chill cooperation with the department in future investigations. And it could influence witnesses’ answers if they thought the audio of their law enforcement interviews could be broadcast to Congress and the public.”

No 'legislative purpose' in releasing Biden audiotape, Garland says

Garland repeatedly denied accusations by GOP lawmakers that he has allowed politics to creep into the administration of justice, including in his refusal to release the audiotape of the Biden interview. He also suggested on several occasions that the Republicans are seeking the audiotape for political purposes.

Rep. Dan Bishop, R-N.C., told Garland that Republicans need to hear the Biden audio recording “to see whether it comports with the transcript or whether it reveals things about his capacity, or his veracity or anything else that comes from his demeanor as he is interviewed.”

“Well, none of the things that you just mentioned are legislative purpose,” Garland replied, adding that Bishop and other Republicans “have yet to suggest any law that you intend to pass or are thinking about, in which the audio would make a difference over the transcript.”

Republicans criticized Garland repeatedly for playing some role in the Manhattan jury’s conviction of Trump last week, without providing any specifics. Garland denied those accusations at every turn, saying it was a case brought by a locally elected prosecutor with a verdict rendered by 12 jurors of Trump’s peers with no connection to the Justice Department whatsoever.

Americans 'losing trust in this system' of justice, Garland told

Republican Rep. Barry Moore of Alabama said the Manhattan case is one of many factors contributing to Americans’ lack of faith in the justice system, and the Justice Department itself even though the department had no involvement in the case.

“When you convict a man or at least try to convict a man and charge a man and they donate $200 million in 48 hours, sir, they're sending a signal they have lost all trust in this system,” Moore told Garland. The Trump campaign and the Republican National Committee said they raised a combined $70 million in the 48 hours after Trump's conviction.

“I think we all have a responsibility to respect jury verdicts and the failure to respect jury verdicts,“ Garland said before being cut off by Moore.

“It’s the way that we arrive at the verdict,” Moore interjected. “I think that's the problem and the American people see it, sir. And under your watch, the system is losing credibility. It concerns me for this country, and certainly for the future of the direction of the Department of Justice.”

This article originally appeared on USA TODAY: AG Garland to House GOP: 'I won't be intimidated' by contempt threat