President Joe Biden has invoked executive privilege to protect the audio recording of his interview with special counsel Robert Hur, which has become a flashpoint in Republican efforts to hold Attorney General Merrick Garland in contempt of Congress. The House Oversight and Accountability Committee and the Judiciary Committee are poised to hold hearings recommending that the full House refer Garland to the Justice Department for contempt charges over the department’s refusal to hand over the audio.
Garland notified Biden that the audio is covered by executive privilege, asserting that its release would undermine future law enforcement investigations. Assistant Attorney General Carlos Felipe Uriarte implored lawmakers to halt the contempt proceedings to prevent an “unnecessary and unwarranted conflict.” White House Counsel Ed Siskel vehemently criticized Congress’s request for the recording, accusing them of lacking legitimate purpose and intending to “chop them up, distort them, and use them for partisan political purposes.”
The White House’s response tacitly acknowledges concerns that the interview contains moments that could negatively portray Biden in the upcoming election year, particularly given heightened scrutiny of his age. At 81, Biden is the oldest person to serve as president, and he is seeking a second term. While Hur’s investigation found evidence that Biden willfully retained classified information and shared it with a ghostwriter, he ultimately concluded that criminal charges were not warranted.
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