Merrick Garland's fate hangs in balance as House readies contempt vote

The House of Representatives is expected to vote on holding Attorney General Merrick Garland in contempt of Congress on Wednesday over his failure to produce audio recordings of Special Counsel Robert Hur’s interview with President Biden.

Hur’s findings cleared Biden of wrongdoing in his handling of classified documents but also said the 81-year-old president presented himself "as a sympathetic, well-meaning, elderly man with a poor memory" and "it would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness."

Biden and his allies aggressively pushed back on concerns about his mental fitness in the report’s wake.

Republicans seeking the audio recording argue it would provide critical context about Biden’s state of mind. Democrats, meanwhile, have dismissed the request as a partisan attempt to politicize the Department of Justice (DOJ).

JOHNSON FLOATS DEFUNDING SPECIAL COUNSEL’S OFFICE AMID JACK SMITH’S TRUMP PROBE

The pursuit of Hur’s audio tapes is part of the House GOP’s wider impeachment inquiry into Biden, investigating allegations he used his political position to enrich himself and his family. Biden has denied accusations of wrongdoing.

And while the majority of Republicans have indicated they support the measure, Speaker Mike Johnson, R-La., has little wiggle room: He can only lose two votes on any party-line measure.

Two Republicans – Reps. Juan Ciscomani, R-Ariz., and Dan Newhouse, R-Wash., told Fox News Digital they are still unsure about how they'll vote.

"I still have to go through the final decision process. But if they've already released the transcripts, it doesn't seem to me like there's any