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President Biden has asserted executive privilege over audio and video recordings of his interviews with Special Counsel Robert Hur at the request of Attorney General Merrick Garland. White House Press Secretary Karine Jean-Pierre stated that Garland suggested law enforcement files like these needed protection, and the president agreed. The Department of Justice informed House Republicans that materials from Hur’s investigation would not be turned over. It is the longstanding position of the executive branch that an official asserting the President’s claim of executive privilege cannot be prosecuted for criminal contempt of Congress. Hur investigated Biden’s handling of classified documents after leaving his position as vice president under the Obama administration and concluded that Biden was too cognitively impaired to be charged with a crime.

Hur mentioned in his report that it would be difficult to convince a jury to convict Biden of any willful crime, given his advanced age and memory issues. This led to criticism that Biden was being given special treatment by not being charged with a crime despite his actions. Republicans accused Biden of being afraid to release the tapes of his interviews with Hur, which they believed confirmed the Special Counsel’s findings and would cause alarm among the American people. House Speaker Mike Johnson accused Biden of using his power to suppress the release of the tapes. However, White House Press Secretary Jean-Pierre pointed out that the transcripts of Biden’s interview had already been publicly released, and the decision to protect the audio and video was made by the attorney general.

Biden’s interviews with Hur lasted about five hours, during which he was questioned about his handling of classified documents. Trump criticized the disparity in treatment between Biden and others, calling it a reflection of a “sick and corrupt, two-tiered system of justice in our country.” The decision to withhold the materials from Hur’s investigation from House Republicans further fueled speculation and outrage over the handling of the case. The White House maintained that the transcripts of Biden’s interview were already public and reiterated the attorney general’s stance that law enforcement files like these needed to be protected. Despite criticism and accusations, the White House stood by its decision to assert executive privilege over the recordings.

The Department of Justice informed House Republicans that materials from Hur’s investigation into Biden’s handling of classified documents would not be turned over. Associate Attorney General Carlos Uriarte reiterated that officials asserting the President’s executive privilege could not be prosecuted for criminal contempt of Congress. Hur had concluded that Biden was too cognitively impaired to be charged with a crime, sparking widespread outrage and accusations of special treatment. The decision to withhold the materials further fueled criticism and accusations that Biden was suppressing information that would confirm the Special Counsel’s findings.

Hur’s investigation into Biden’s handling of classified documents following his time as vice president under the Obama administration was met with controversy and criticism. The decision to not recommend criminal charges against Biden due to his age and memory issues raised concerns over the fairness and equity in the justice system. House Republicans accused Biden of being afraid to release the tapes of his interviews with Hur, which they believed would confirm the Special Counsel’s findings and alarm the American people. The White House defended its decision to assert executive privilege over the recordings, stating that the transcripts of Biden’s interview had already been publicly released and that the attorney general deemed the audio and video recordings to be protected law enforcement files. Despite criticism, the White House maintained its position on protecting the materials from Hur’s investigation.

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