U.S. House GOP to file suit over Biden audio tapes, as ‘inherent contempt’ vote looms

WASHINGTON, DC - JUNE 26: Rep. Anna Paulina Luna (R-FL) speaks during a press conference on Capitol Hill on June 26, 2024 in Washington, DC. Republicans in the House are attempting to hold Attorney General Derrick Garland in contempt of Congress after he advised that President Biden assert Executive Privilege over the audio and video records of his interview with Special Counsel Robert Hur. (Photo by Samuel Corum/Getty Images)

WASHINGTON — The U.S. House Republican Conference will file a lawsuit against the Department of Justice next week as it attempts to gain access to the audio tapes of special counsel Robert Hur’s interview with President Joe Biden.

House Speaker Mike Johnson made the announcement Wednesday during a press conference after being asked about Florida Republican Rep. Anna Paulina Luna’s plans to hold an “inherent contempt” vote Friday for Attorney General Merrick Garland.

Luna and others aligned with her hope that vote could lead Garland to turn over the tapes, despite Biden exerting executive privilege.

Johnson, a Louisiana Republican, said during the press conference that House Republicans are united in getting access to the tapes “to confirm what’s on the written transcript.”

“In the meantime, there are a lot of different ideas and discussions that people are brainstorming on how might we acquire access to those tapes. We are looking at all avenues,” Johnson said. “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.”

Johnson said House Republicans plan “to be as aggressive as we can and use every tool in our arsenal to make sure” the audio tapes are released “because we have an obligation in the Constitution to do it.”

Vote on Friday

Luna and several of her colleagues held a press conference a couple of hours earlier to advocate for the inherent contempt vote of Garland, a rarely used process which could potentially lead to his detainment and a trial held in the House of Representatives.

That vote will be held Friday morning, she said.

“This is something that would enable the speaker of the House to order the sergeant at arms to take into custody the attorney general if he fails to comply with our request,” Luna said, later adding that she would hope Garland would turn himself in if the vote is successful.

The inherent contempt process would likely be faster than waiting for House Republicans’ lawsuit to work its way through the judicial system, she said.

“Under the inherent contempt power of the House, the recalcitrant witness may be arrested and brought to trial before the bar of the House, with the offender facing possible incarceration,” according to “The House Practice: A Guide to the Rules, Precedents and Procedures of the House.”

The detailed 1,073-page document, written by two former House parliamentarians as well as the current parliamentarian, notes that during “the trial of the witness in the House, questions may be put to the witness by the Speaker … or by a committee.”

“In one instance, the matter was investigated by a committee, the respondent was then brought to the bar of the House, and a resolution was reported to the House for its vote,” it continues.

Hur’s report on Biden classified documents probe

Hur released the 388-page special counsel’s report in February, concluding that Biden “willfully retained” classified information following his term as vice president, though he declined to prosecute the sitting president.

Hur wrote in the report “that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”

Biden and many of his allies vehemently rejected Hur’s characterizations of the president and his memory, while Republicans have sought to gain access to the audio tapes for a potentially more detailed accounting of the interview.

The characterizations of Biden’s memory have become part of the running Republican narrative that he isn’t suited to remain in the Oval Office as president for another four years.

The interview tapes could either reinforce or refute that narrative, though GOP lawmakers are adamant that Biden and Garland blocking their release means they could be damaging to his reelection bid.

The House voted 216-207 earlier this month to hold Garland in contempt of Congress for not turning over audio tapes of the Hur-Biden interview after the Oversight and Judiciary committees issued a subpoena.

Garland released a written statement afterward that it was “deeply disappointing that this House of Representatives has turned a serious congressional authority into a partisan weapon.”

“Today’s vote disregards the constitutional separation of powers, the Justice Department’s need to protect its investigations, and the substantial amount of information we have provided to the Committees,” Garland wrote. “I will always stand up for this Department, its employees, and its vital mission to defend our democracy.”

Biden, Democrats’ presumptive nominee for president, will debate former President Donald Trump, Republicans’ presumptive nominee for president, on Thursday night in Atlanta, Georgia.

The two are expected to hold a second debate in September, well before voters head to the polls in November.

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