House Judiciary Committee v. Garland

Major Issue:  Whether a House committee may secure judicial enforcement of subpoenas to the U.S. Department of Justice seeking audio recordings related to Special Counsel Robert Hur’s investigation of President Biden’s mishandling of classified documents. On Oct. 28, 2024, the district court held a hearing on the cross motions for summary judgment.

Case Status:  Awaiting District Court ruling.

Case Description: The House Judiciary Committee complaint states the subpoenas to DOJ are part of its broader impeachment inquiry against President Biden. The subpoenas seek audio recordings of Special Counsel Hur’s interviews of President Biden and Mark Zwonitzer, the ghostwriter who assisted the president with his 2017 memoir. DOJ has already provided the Judiciary Committee with transcripts of both sets of recordings, copies of which were also released to the public. The Committee asserts, however, that the audio recordings provide critical additional evidence essential to understanding what was said. In contrast, DOJ contends that the recordings are unnecessary in light of the written transcripts, releasing them may make individuals more reluctant to provide interviews in the future, and the recordings themselves may be misused, which is why President Biden asserted executive privilege over them.

Procedural Posture: On July 1, 2024, the House Judiciary Committee filed the complaint and requested an injunction ordering production of the audio recordings. D.C. District Judge Amy Berman Jackson was assigned to Case No. 1:24-cv-01911. On July 12, 2024, the House committee filed a motion for preliminary injunction or, in the alternative, for summary judgment. On Aug. 6, 2024, the DOJ filed a cross motion for summary judgment. On Aug. 16 and 29, 2024, the parties filed additional briefs related to their cross motions for summary judgment.