Biden Blocks Release of Hur Tapes, Threatens Congress with Contempt Over DOJ Subpoena

President Biden has asserted executive privilege over audio and video recordings related to Special Counsel Robert Hur's interviews with him, prompting House Judiciary Committee Chairman Jim Jordan (R-Ohio) to threaten contempt proceedings against Attorney General Merrick Garland.

President Joe Biden has asserted executive privilege over audio and video recordings of his interviews with Special Counsel Robert Hur, who investigated Biden's handling of classified documents, according to a letter from Associate Attorney General Carlos Uriarte to House Judiciary Committee Chairman Jim Jordan (R-Ohio) and House Oversight and Accountability Committee Chairman James Comer (R-Ky.). The assertion of executive privilege follows subpoenas issued by both committees demanding the recordings.

In his letter, Uriarte stated that asserting executive privilege "cannot be prosecuted for criminal contempt of Congress," citing a longstanding position of the executive branch held by administrations of both parties. This means that Attorney General Garland is protected from criminal prosecution for refusing to turn over the recordings.

Hur's investigation concluded that Biden would not be charged with criminal offenses due to his "poor memory" and the difficulty of proving "willfulness." The findings sparked outrage among some, who perceived them as an indication of Biden's cognitive decline and his unsuitability to serve as president.

House Republicans subpoenaed the DOJ for materials related to Hur's interviews with Biden, including the audio recordings. The DOJ initially cooperated but later refused to comply with the subpoena, arguing that it would damage future investigations and undermine executive privilege.

Attorney General Garland has asked Biden to block the release of the audio recordings, citing the risk of undermining the Justice Department's ability to conduct similar investigations in the future. Biden has complied with this request.

White House Counsel Ed Siskel wrote to Jordan and Comer, accusing House Republicans of seeking the recordings for "partisan political purposes" and threatening to "chop" them up and distort them. Siskel emphasized the sensitive nature of the materials and the potential harm to law enforcement activities if they were released.

Despite Biden's assertion of executive privilege, House Republicans are considering a contempt of Congress resolution against Garland for refusing to turn over the documents. Comer said there was a "five-alarm fire at the White House" over the matter and that the Oversight Committee would move forward with the resolution.

If the House passes a contempt resolution, the matter would likely be referred to the Justice Department for prosecution. However, it is unclear whether the Department would actually prosecute Garland given the DOJ's previous position on executive privilege.

Trump campaign spokesman Steven Cheung criticized the Biden administration's assertion of executive privilege, calling it "irretrievably politicized" and accusing Biden of trying to use it for political cover.

The Heritage Foundation's Oversight Project, Judicial Watch, and CNN have filed Freedom of Information Act (FOIA) requests seeking the release of the tapes. The DOJ has indicated that it is reviewing these requests.