President Biden has asserted executive privilege to prevent House Republicans from accessing recordings of his interview with a special counsel investigating his handling of government documents, calling their efforts a political stunt. The move aims to shield Attorney General Merrick B. Garland from prosecution should Republicans hold him in contempt for refusing to turn over audio of Biden’s conversations with the special counsel, Robert K. Hur, in response to their subpoena. The House Judiciary Committee was set to vote on a resolution that could recommend holding Mr. Garland in contempt of Congress for failing to comply with their subpoenas. This is part of a broader effort by Republican lawmakers to scrutinize Biden administration officials after failed impeachment attempts against Biden on behalf of Trump.
The denial of access to the recordings is in line with the practices of previous administrations, including Trump’s and Obama’s. The move is expected to anger Republicans but is justified as a protection of sensitive and constitutionally protected law enforcement materials from being misused for political gain. Republicans argued that the audio recordings were necessary to pursue their ongoing impeachment investigation into Biden, despite Mr. Hur clearing Biden of criminal wrongdoing in the documents case. Should they choose, Republicans could challenge the executive privilege claim in federal court, although this may contradict Trump’s claims of privilege in his two federal criminal cases.
Republicans have been pushing for the release of the recordings as they believe it could provide damaging evidence of the special counsel’s characterization of the president and be useful for political purposes. They argue that the transcripts do not convey important context that can only be captured in the audio recordings. In the past, the Justice Department under Mr. Garland has been willing to reach compromises with the House in order to defuse conflicts, but this time they did not budge. Mr. Uriarte, the assistant attorney general for legislative affairs, warned that turning over the audio would set a dangerous precedent and give the legislative branch undue influence over executive branch law enforcement functions.
The threat of contempt proceedings against Mr. Garland put him in a challenging position, as he sought to distance himself from partisan politics. Democrats accused Republicans of abusing their power and potentially harming future legislative oversight efforts. The push for the recordings was fueled by a desire to examine the president’s mental acuity, citing statements in Mr. Hur’s report. However, the report found that there was insufficient evidence to prove criminal wrongdoing on Biden’s part. Republicans had aimed to use the recordings as political ammunition and to potentially embarrass Mr. Garland, who has been a frequent target of criticism from Trump and his allies.
The move to invoke executive privilege to keep the recordings private underscores the ongoing tensions between the executive and legislative branches, with each seeking to assert their authority in investigations and oversight efforts. It also highlights the potential risks and implications of such disputes for federal law enforcement functions. Mr. Garland has defended his decision as necessary to protect the integrity of high-profile criminal investigations and to prevent undue political manipulation of sensitive law enforcement materials. The standoff between the administration and House Republicans reflects broader partisan divisions and power struggles in Washington, as both sides jockey for leverage in ongoing disputes over accountability and transparency.
