Speaker Johnson says House will go to court for Biden audio after Justice Dept. refused to prosecute

WASHINGTON — Speaker Mike Johnson said Friday that the House will go to court to enforce the subpoena against Attorney General Merrick Garland for access to President Joe Biden’s special counsel audio interview, hours after the Justice Department refused to prosecute Republicans’ contempt of Congress charge. “It is sadly predictable that the Biden Administration’s Justice Department will not prosecute Garland for defying congressional subpoenas even though the department aggressively prosecuted Steve Bannon and Peter Navarro for the same thing,” Johnson said in a statement. “This is yet another example of the two-tiered system of justice brought to us by the Biden Administration.” In a letter to Johnson earlier Friday, a Justice Department official cited the agency’s “longstanding position and uniform practice” to not prosecute officials who don’t comply with subpoenas because of a president’s claim of executive privilege. A spokesperson for Jordan criticized the Justice Department’s move Friday, saying, “The rule of law for thee, but not for me.” A transcript of the Hur interview showed Biden struggling to recall some dates and occasionally confusing some details — something longtime aides say he’s done for years in both public and private — but otherwise showing deep recall in other areas.