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The House Judiciary Committee voted 13-11 along party lines on Thursday to advance the contempt effort against Mark Zwonitzer, President Joe Biden's ghostwriter, for not turning over documents and recordings related to his work on the president's memoirs. These materials were mentioned in a special counsel's report on Biden's handling of classified documents.

Biden Ghostwriter trial : Committee's Reasoning

Committee Chair Rep. Jim Jordan, R-Ohio, emphasized the need for these materials to determine whether Biden shared classified information with his ghostwriter, to judge the special counsel Robert Hur's decision to not prosecute Biden, and to assess the president's mental state. This decision follows months of back-and-forth between the committee and Zwonitzer.

"To date, Mr. Zwonitzer has refused to comply with the committee's subpoena," Jordan said during the session. "No legal or constitutional privilege protects the information subpoenaed from disclosure."

White House Response

The White House and Democratic lawmakers expressed outrage over the special counsel's February report that questioned Biden's memory. In contrast, Republicans said it raised concerns about his fitness for office.

Republicans were also angered by Zwonitzer's deletion of his interview recordings with Biden after learning about the special counsel's investigation. Although Hur considered charging Zwonitzer with obstruction of justice, he stated in his report, "We believe the evidence would be insufficient to obtain a conviction."

Rep. Jerry Nadler, D-N.Y., the committee's top Democrat, criticized the Republicans' actions. "This contempt resolution against Mr. Zwonitzer is an abuse of the committee's oversight authority, pure and simple," he said.

Biden Ghostwriter trial : Letters and Legal Disputes

In a letter to Jordan on Wednesday, White House Counsel Ed Siskel condemned the contempt effort as a political stunt. "With respect to the material you seek from Mr. Zwonitzer, there are significant Executive Branch interests at stake," Siskel wrote. He argued that Zwonitzer was not in a position to adjudicate those interests and urged Jordan to engage with the Executive Branch instead.

Siskel reiterated this stance in another letter to Zwonitzer's attorney, emphasizing the constitutional issues involved and advising the committee to resolve the dispute through the longstanding accommodation process.

Amendment and Report

The committee passed an amendment, also along party lines, to outline their disagreement with the White House's arguments. Hur's report noted that Biden "willfully retained and disclosed" classified documents after his vice presidency, some of which were shared with Zwonitzer. However, Hur declined to prosecute Biden.

Biden denied sharing classified information with his ghostwriter during a press conference following the report's release. Zwonitzer's counsel could not immediately be reached for comment.

Biden Ghostwriter trial : Next Steps

Jordan told Law360 after the markup that he hasn't discussed with leadership about bringing the measure to the House floor for a vote but expressed hope that it would happen.

This development mirrors a similar move by House Republicans on June 12, when they voted to hold Attorney General Merrick Garland in contempt of Congress for not releasing materials from the special counsel's investigation. The Department of Justice declined to prosecute Garland, prompting Republicans to seek other enforcement avenues.