House Judiciary Committee Chair Jim Jordan (R-OH) scheduled a markup hearing for May 16 to hold Attorney General Merrick Garland in contempt of Congress for refusing to provide audio recordings of President Joe Biden’s interview with Special Counsel Robert Hur, a source confirmed to Breitbart News.

Garland defied a final warning on April 26 to comply with a subpoena for the audio of Biden’s interview with Hur.

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If Garland did not comply with the subpoena, House Oversight Committee Chair James Comer (R-KY) and Jordan warned Garland on April 17 that he would face contempt of Congress proceedings.

The markup is a part of the House’ impeachment inquiry into Biden for his involvement in his family’s business.

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Hur’s investigation into Biden for mishandling classified documents found he “willfully” retained classified documents, but Hur declined to prosecute Biden, citing “insufficient evidence.”

During the president’s interview with Hur, Biden, 81, experienced mental lapses and “poor memory” at least seven times, according to a transcript obtained by Breitbart News.

President Joe Biden speaks from the Roosevelt Room of the White House on May 02, 2024 in Washington, DC. (Kevin Dietsch/Getty Images)

Hur characterized Biden as “an elderly man with a poor memory.”

About one-third of Democrats doubt Biden’s mental fitness, a Harvard/Harris survey recently found. Another poll revealed 82 percent of Americans harbor concerns about Biden’s physical and mental health.

Wendell Husebo is a political reporter with Breitbart News and a former GOP War Room Analyst. He is the author of Politics of Slave Morality. Follow Wendell on “X” @WendellHusebø or on Truth Social @WendellHusebo.