President Biden’s assertion of executive privilege to prevent the release of audio recordings of his interviews with special counsel Robert Hur has sparked concerns and drawn parallels to former President Trump’s use of the privilege. While transcripts of the interviews have been made available to a congressional committee, the White House maintains that the recordings must be protected to safeguard sensitive law enforcement files.
Attorney General Merrick Garland has defended Biden’s decision, emphasizing the potential harm to ongoing investigations if the recordings were released. However, the House Judiciary Committee has expressed disapproval and advanced a resolution to hold Garland in contempt of Congress for failing to produce the subpoenaed recordings.
The use of executive privilege has been a contentious issue since the early days of the United States, granting the executive branch the authority to withhold certain internal discussions and documents from scrutiny by the courts and Congress. It provides the president with some autonomy in his deliberations with staff.
Despite Garland’s defense, former Assistant U.S. Attorney Andrew McCarthy has pointed out similarities between Biden’s assertion of privilege and Trump’s tactics during the Mueller investigation. In that case, Trump initially allowed his White House counsel to cooperate with the investigation but later sought to block further disclosure of information.
McCarthy argues that the same arguments made by Democrats during the Trump years are now being used by Republicans. He highlights the use of executive privilege as a political calculation, weighing the potential damage from releasing the tapes against the consequences of obstruction.
McCarthy also notes that the media’s response to Biden’s assertion of executive privilege is likely to differ from their coverage of Trump’s use of the privilege. He predicts that while the media will initially report on the matter, they may ultimately move on to other topics, potentially aiding Biden in suppressing the issue.
The assertion of executive privilege has been challenged in recent years, particularly following the Capitol protests on January 6, 2021, and the subsequent contempt of Congress convictions of Steve Bannon and Peter Navarro for refusing to comply with subpoenas related to the investigation.
Bannon’s appeal was denied, with the court ruling that his reliance on advice of counsel was not a valid defense. Navarro is also appealing his conviction, but the court has refused to postpone his imprisonment pending the outcome of the appeal.
The House Judiciary Committee’s contempt resolution against Garland signals growing frustration with the Justice Department’s resistance to releasing the audio recordings. It remains to be seen how this will ultimately play out and whether Biden’s assertion of executive privilege will be upheld or overturned.
