Last week, Republicans sent Joe Biden’s Justice Department a criminal referral for Attorney General Merrick Garland after he ignored a lawful congressional subpoena. The Justice Department quickly responded that officials there had no intention of acting against the AG because his claim of “executive privilege” was absolute.

Republicans are seeking audio recordings of Biden’s interview with former special counsel Robert Hur, who was investigating Biden’s possession of classified documents in at least two locations, including one of his homes. Hur determined that Biden broke national security laws but declined to prosecute because he felt Biden’s advanced age and declining mental status would lead a jury to acquit him.

The DOJ has sent over transcripts of Biden’s interviews with Hur, but after reports noted that the White House edited those transcripts to make Biden seem more coherent, Republicans began to demand the actual audio recordings. At that point, Garland claimed “executive privilege” and refused to turn them over. The House issued a congressional subpoena for him to turn the recordings over; he has refused and now the DOJ is backing his refusal.

Let’s rewind for a moment. Earlier in Biden’s term, the House Jan. 6 Committee issued subpoenas for former Trump advisers Steve Bannon and Peter Navarro to appear before the panel to give testimony. The two men refused, claiming executive privilege. But the Democrat-led committee didn’t accept that and made criminal referrals to Biden’s Justice Department, which acted upon them and prosecuted both men, securing guilty verdicts and four-month prison terms. Navarro began his in March; Bannon is set to report to a federal prison on July 1.

Democrats are now backing Biden’s Justice Department, criticizing the Republican-led effort to both subpoena Garland and then have the DOJ prosecute him for ignoring his legal obligation to show up to Congress and turn over the audio files. They are claiming the Republican effort is “all politics” and that Garland is certainly within his rights to claim “executive privilege.” But of course, when Democrats were in charge of Congress for Biden’s first two years in office and they issued the subpoenas, they were singing a different tune.


The country cannot sustain itself using two tiers of justice or by weaponizing the justice system against roughly half the nation. Without question, this effort to destroy our founding institutions is coming from the left, not the right, so when Democrats claim “Trump is a threat to democracy,” they are wrong on two counts: 1) They are the threat, and 2) America is a republic, not a democracy.

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Disclaimer: This article may contain commentary which reflects the author’s opinion.