On Thursday, the Justice Department once again refused to hand over the audio recordings of President Biden's interview with special counsel Robert Hur. GOP impeachment investigators claim that the recordings contain information that would aid their probe, but the DOJ rejected their demands.
This refusal could lead to possible contempt proceedings for Attorney General Merrick Garland, as suggested by House Judiciary Committee Chair Jim Jordan (R-Ohio) if the audio files were not delivered on Thursday.
Carlos Uriarte, head of legislative affairs for the Justice Department, expressed frustration in a letter to Jordan and House Oversight and Accountability Committee Chair James Comer (R-Ky.), stating that the Committees' satisfaction decreases as more information is provided, and they are rushing towards contempt.
Uriarte also raised concerns about the Committees' request for the audio files, questioning their legislative or impeachment purposes, and suspecting potential political motives behind the demand.
Uriarte added that the Committees' failure to identify a legitimate purpose for the production of the files has only deepened the DOJ's concern.
House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) provides an opening statement during an oversight hearing of the Food and Drug Administration on Thursday, April 11, 2024. (Greg Nash)
The panels already possess a transcript of Biden's interview with Hur, which examined the presence of classified documents from his time as vice president at his home and another office. The report was critical of Biden, but concluded that there was insufficient evidence to prove a violation of the law.
The Justice Department argued that sharing the recordings could hinder law enforcement's work and discourage witness cooperation with Congress.
Comer and Jordan expressed concern that their impeachment inquiry would be compromised without the audio recordings.
The lawmakers accused the DOJ of withholding records for partisan reasons and to shield President Biden from political embarrassment.
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The lawmakers highlighted the unique value of audio recordings in capturing vocal cues and nuances, which cannot be fully captured in transcripts.
They argued that transcription cannot capture these revealing verbal cues.
The way someone speaks, like their pauses and tone, can show if they are being evasive or have a bad memory.
Most of the Justice Department's refusal of the committees' request criticizes their overall impeachment investigation.
The chairs suggested that Biden's interview with Hur could be revealing for the impeachment inquiry, but there is no evidence for this claim.
The Department's produced interview transcripts and audio files do not support the committees' speculation about the documents related to Biden's family business dealings.
GOP investigators suggested the materials might reveal evidence of Biden accepting a bribe.
The committees have not explained how the audio of interviews, for which transcripts have been provided, would address their questions.
The DOJ has allowed congressional investigators to review two Ukraine-related documents found at Biden's home, but Comer has not taken advantage of this offer.
The Oversight Committee chair has not accepted the DOJ's offer to review the documents, but has been inaccurately speculating about their contents publicly.
Starting contempt proceedings is not a replacement for evidence to support one's claims, the DOJ wrote.
Updated at 5:15 p.m.
