House GOP sues AG Garland for Biden interview audio

• Hur wrote in his report released in February that Biden would present to a jury sympathetically as an "elderly man with a poor memory."
• That was part of his stated reasoning for not prosecuting the president for his handling of classified documents from his time as vice president.

State of play: In a 56-page filing, congressional attorneys wrote that Biden's assertion of executive privilege in May to shield the audio from his interview was "frivolous."

• The Justice Department turned over transcripts of the interview but declined to give Congress the recordings, which the attorneys say are "better evidence" of what occurred in the interview.
• "The [Judiciary] Committee ... needs those recordings to assess the Special Counsel's characterization of the President," the attorneys wrote.
• A Justice Department spokesperson told Axios they are "reviewing the lawsuit and will respond in court at the appropriate time."

Catch up quick: House Republicans voted to hold Garland in contempt of Congress last month for refusing to comply with Congress' subpoena for the audio.

• The Justice Department quickly said it would not prosecute Garland for contempt, arguing his refusal to turn over the audio "does not constitute a crime."
• Some House Republicans are now pushing a long-shot measure that would direct the House sergeant-at-arms to arrest and detain Garland.

Editor's note: This story has been updated with a response from the Department of Justice.