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Giving Teeth to a Finding of Contempt of Congress

The House of Representatives recently held Attorney General Merrick Garland in contempt for failing to turn over audio recordings of special counsel Robert Hur’s interviews with President Joe Biden.

Garland, appointed by Biden, refused to provide the recordings.

So the House adopted a resolution June 12 holding him in criminal contempt (making him only the third attorney general to be subjected to such a finding), and referred Garland for prosecution by … Garland. 

Of course, the Justice Department refused to prosecute the case—even though it recently prosecuted former Trump aides Steve Bannon and Peter Navarro for committing the same offense, with both being sentenced to prison as a result.

Setting aside the apparent double standard of justice, this scenario highlights a deeper issue related to how Congress may enforce its own institutional…

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