House Republicans failed to hold Attorney General Merrick Garland in “inherent contempt” of Congress on Thursday thanks to four Representatives defecting and voting with Democrats.
Representatives David Joyce (R-OH), Michael Turner (R-OH), Tom McClintock (R-CA), and John Duarte (R-CA) all voted with Democrats against the resolution meaning Garland will face no legal consequences for refusing a Congressional subpoena.
This measure would have fined Garland $10,000 per day until he abided by congressional subpoenas to release the audio recordings.
Republicans in Congress are demanding that Garland hand over audio recordings of President Joe Biden's interview with Special Counsel Robert Hur who was investigating Biden's “handling of classified materials."
The transcript of the interview is already available but Garland refused to hand over the tapes because it would "chill cooperation with the department in future investigations."
Garland is refusing a lawful order from Congress to turn over the audio tapes and this is particularly relevant considering that two advisors to former President Donald Trump are in prison for the very same crime.
Peter Navarro, who advised Trump during his first term in the White House, is serving a prison sentence for refusing a subpoena from the January 6th select committee.
It was just recently discovered that the Jan. 6th committee, which was run by Democrats and anti-Trump Republicans, fabricated evidence in order to make a case against Trump. But Navarro is still serving time in prison for refusing what he claimed was an illegitimate subpoena.
Another key advisor to Trump, Steven Bannon, is also serving a prison sentence for refusing a subpoena from Democrats in Congress.
Democrats have made it clear that they will use their power against Republicans and that includes prison sentences for those who refuse to bow to questionable requests.
Punishing Garland is less about accountability and more about demonstrating to Democrats that Republicans will play by the same rules. Only, thanks to those four Representatives, Garland can continue to defy House Republicans.
Republicans have become painfully aware of the two-tier justice system in America today where conservatives face the full force of the law while Democrats skate by. However, Republicans have become willing participants in their handling of Garland.
Republicans hold the power to punish Garland but refuse to use it while Trump's advisors sit in prison for the same crime under much less clear-cut circumstances.
Where it can be argued that Navarro and Bannon are political prisoners, Garland's case is cut and dry. He's refusing to hand over an audio recording to Congress because of the political implications it poses for President Biden.
Furthermore, it's worth remembering that this audio recording stems from an investigation that found that President Biden mishandled classified documents but that he shouldn't be prosecuted.
The two-tier justice system is alive and well and Republicans refuse to take substantive measures to fight back.