The decision by the Biden Administration's Department of Justice not to charge Attorney General Merrick Garland with contempt of Congress is a classic example of the two-tier system of justice, former acting U.S. Attorney General Matt Whitaker told Newsmax on Monday.
The House voted last week to hold Garland in contempt for refusing to hand over the audio tapes of the president's interview with special counsel Robert Hur.
"If Congress holds someone in contempt — whether that is Steve Bannon, Peter Navarro or Merrick Garland — they should be treated the same," Whitaker said on "Wake Up America."
He reiterated that "the Department of Justice should treat those referrals exactly the same" but bemoaned that no one expected anything different, adding that "they didn't even have the common courtesy to recuse Merrick Garland from that decision."
Whitaker emphasized that "this is just a classic example ... of the two-tier system of justice," saying that the DOJ should at least have made "sure that the decision maker [of whether or not to press charges] is not the target of the investigation."
He insisted that this case should have been a priority, because "Congress, in their oversight ability in the Constitution, needs to be respected."
But even though the Founding Fathers intended Congress to be the strongest of the three branches, it has become the weakest, he pointed out.
Whitaker said that the DOJ decision was a "pure partisan exercise," insisting that" the bottom line is the Department of Justice does not want this recording to get out before the election.
He added: "I would expect that on Nov. 6, along with some sort of executive clemency for Hunter Biden, we will see the recording come out after it can't have any effect on the outcome of the election."
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