The Justice Department does not consider it a crime for a government official to fail to comply with a subpoena for material when the president has invoked executive privilege, as Mr. Biden did last month.
The longstanding position of the department is that we will not prosecute an official for contempt of Congress for declining to provide subpoenaed information subject to a presidential assertion of executive privilege, Carlos Felipe Uriarte, the assistant attorney general for legislative affairs, wrote in a letter to Speaker Mike Johnson.
House Republicans voted to declare Mr. Garland in contempt of Congress and to make a criminal referral to the Justice Department over the dispute regarding the disclosure of recordings of an interview conducted with Mr. Biden.
#justice-department #congressional-subpoena #executive-privilege #contempt-of-congress #special-counsel-investigation
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