President Joe Biden has utilized executive privilege on Thursday to maintain the confidentiality of the recording of his deposition regarding the storage of classified documents at his residence. This action comes as House Republicans plan to hold two committee votes to hold Attorney General Merrick Garland in contempt for his refusal to release the recording.
According to Carlos Uriarte, an associate attorney general, the Office of Legal Counsel at the Justice Department has concluded that the recording is protected by executive privilege. It was determined that Garland should not be penalized for obeying the president’s directive to keep the recording confidential.
In a letter to President Biden on Wednesday, Attorney General Merrick Garland stated that the Office of Legal Counsel has consistently maintained that executive privilege covers situations involving a “closed criminal investigation where revealing information could potentially harm future law enforcement endeavors.”
The confrontation between Republicans and the Democratic administration over the recordings of the controversial interview has become another election-year flashpoint. Republicans have threatened to impeach Biden and Garland, while the Democratic administration dismisses the charges as partisan theater. Special Counsel Robert Hur’s report described Biden as a “sympathetic, well-meaning, elderly man with a poor memory.”
The House Judiciary Committee and the House Oversight and Accountability Committee both held votes on Thursday for contempt resolutions. Following a four-hour hearing, the Judiciary Committee approved the contempt resolution with a party-line vote of 18-15. Similarly, the Oversight Committee had a testy hearing and ultimately passed its own contempt resolution with a party-line vote of 24-20.
If the resolutions receive approval, the full House will need to deliberate on them. However, it is worth noting that the Justice Department has chosen not to pursue charges against two former attorneys general, Republican Bill Barr in 2019 and Democrat Eric Holder in 2012, whom the House previously held in contempt. Additionally, it remains uncertain whether a complete vote in the House would achieve success, given that Republicans currently hold a narrow majority in the lower chamber. Furthermore, a few centrist and moderate GOP lawmakers have become less inclined to engage in the party’s conflicts with the Justice Department.
During a press conference, Garland responded to the threat of contempt, stating that it was just one of many baseless attacks on the Justice Department. He emphasized that their investigations are conducted with integrity and without any political interference, strictly adhering to the facts and the law.
Attorney General Garland emphasized the extensive efforts made to fulfill the committees’ valid requests. However, he argued that this particular request would have a detrimental impact on their ability to effectively carry out sensitive investigations in the future.
Here is what we currently know about the investigation:
House GOP seeks recording of Biden deposition about classified documents
During his time at the Penn Biden Center office in Washington, Biden’s personal lawyers discovered classified documents. In response, Biden granted permission for the FBI to search his home in Wilmington, Delaware, where additional classified documents were found by agents.
Former President Donald Trump, who is expected to be President Biden’s Republican opponent in the upcoming fall election, has made the argument that he was treated unfairly. Trump is currently facing federal charges for allegedly hoarding classified records at his Mar-a-Lago residence in Florida following his departure from the White House.
White House officials highlighted that Biden willingly returned the documents to the government and collaborated with authorities, in contrast to Trump’s defiance of a subpoena and refusal to comply with document requests.
Garland assigned Hur to conduct an independent investigation into Biden. In October, the prosecutor interviewed the president regarding the documents from his time as a senator and vice president. Although Hur chose not to press charges against Biden, his report described him as a sympathetic and well-meaning elderly man with a poor memory.
Biden strongly refuted the claim about his mental capacity. Edward Siskel, the president’s counsel, accused Republicans of pursuing the recording for political motives.
“The intention behind not having a genuine requirement for the audio recordings becomes evident – to manipulate and distort them for partisan political motives,” Siskel expressed to the two House chairmen.
Lawmakers spar over Biden’s invocation of executive privilege
During a press conference on Thursday, House Speaker Mike Johnson, R-La., criticized Biden, stating that he seemed to be fearful of the American citizens and the potential consequences of the tapes being heard by everyone.
According to Johnson, the American people are being denied the opportunity to hear why the prosecutors believed that the President of the United States, as described by Special Counsel Robert Hur, is an elderly man with poor memory. The decision to withhold the audio of the interviews, Johnson argues, further supports the findings of the special counsel and is likely to cause alarm among the American people.
During the Judiciary Committee session, Chairman Rep. Jim Jordan emphasized the importance of having the recording in order for lawmakers to assess the validity of Hur’s decision to not prosecute Biden.
According to Jordan, the recordings play a crucial role in providing necessary evidence. He believes that relying solely on transcripts is not enough to accurately represent the president’s memory, as the White House has a history of altering them.
According to Rep. Jerrold Nadler, the leading Democrat on the committee, the Justice Department has adequately fulfilled congressional requests by providing 92,000 pages of documents for multiple inquiries. He argues that a committee vote would serve no purpose other than tarnishing Garland’s reputation.
Nadler criticized Republicans, stating that they engage in fantasy and described it as a complete waste of time.
Judiciary and Oversight Committee approves contempt resolutions
A contempt resolution serves as a means for Congress to encourage the Justice Department to examine charges against the individual in question. However, the department frequently dismisses these recommendations, just as it did when the House Judiciary Committee voted in 2019 to hold Attorney General William Barr in contempt for his refusal to provide an unredacted version of the Russia report. Similarly, in 2012, the House held Attorney General Eric Holder in contempt for his failure to produce documents associated with the “Fast and Furious” scandal.
Rep. Jeff Van Drew, a Republican from New Jersey, emphasized the importance of obtaining the recording of Biden. He believes that having access to this recording will help determine whether Hur’s assessment regarding Biden’s age and mental state, in relation to potential charges, was indeed accurate.
“If our commander in chief lacks the competence to be held accountable in a trial, then he is simply unfit to lead the most powerful nation on earth,” asserted Van Drew.
Rep. Hank Johnson, D-Ga., argued that the decision to hold Garland in contempt was a result of the committee’s and Hur’s inability to identify any grounds for criminal charges against Biden.
“After investing a staggering $20 million, the committee has failed to produce any tangible results,” Johnson expressed his disappointment. He further accused the committee of making an unsuccessful attempt to implicate President Biden in a classified documents case.
The Oversight Committee witnessed a heated exchange during a late Thursday evening hearing. Democrats criticized Republicans for scheduling the meeting at such a late hour to accommodate a few GOP members who were attending former President Donald Trump’s trial in New York City.
According to Representative Jamie Raskin, the originally scheduled performance for today at 11 a.m. was postponed. This decision was made because some members of the majority decided to participate in a mass spiritual pilgrimage to attend the New York criminal trial of a Florida man. Representative Raskin, who is the top Democrat on the Oversight Committee, shared this information.
Is invoking executive privilege rare?
Executive privilege is a tool utilized by presidents to maintain the confidentiality of certain information. While it is a relatively uncommon practice, it is typically employed during congressional investigations, as noted by the nonpartisan Congressional Research Service. Throughout history, presidents have invoked executive privilege in various instances. For instance, George Washington invoked it during an investigation into a military operation targeting Native Americans. Similarly, Barack Obama asserted executive privilege during the investigation of the Operation Fast and Furious scandal. Most recently, Donald Trump invoked executive privilege during the investigation of the Capitol attack on January 6, 2021.
Two former aides of Trump, Steve Bannon and Peter Navarro, have defied congressional subpoenas by claiming that Trump had invoked executive privilege. As a result, Navarro is currently serving a jail term, while Bannon has appealed his conviction.
Special counsel Robert Hur defended report critical of Biden’s memory
Hur faced intense scrutiny during a House Judiciary Committee hearing in March. Lawmakers from both political parties grilled him, with some accusing him of being too lenient for not charging Biden and others criticizing him for questioning Biden’s memory.
Hur maintains that his written statement was a true reflection of the evidence and what he believed jurors would perceive and believe. He asserts that he did not alter his explanation to make it more favorable or unfairly criticize the president.
Two House panels subpoenaed AG Garland for Biden recording
Rep. James Comer, R-Ky., who is in charge of the Oversight Committee, along with Jordan, R-Ohio, who is leading the Judiciary Committee, have issued a subpoena to Garland for the recording of Biden’s deposition. This request is in addition to the transcript that has already been made available.
The committee report accompanying the resolution stated that President Biden’s answers regarding his mishandling of classified information contain important verbal nuances. These nuances could potentially assist the Committees’ inquiry into whether he abused his office for his family’s financial gain. The report emphasized that the audio recordings would provide unique and valuable information to further advance the impeachment inquiry.
The Justice Department, however, declined to release the recording, citing its previous provision of all necessary information to lawmakers.
Uriarte wrote a letter to the committees, reiterating the Department’s concern about sharing sensitive law enforcement information with Congress. The Department has emphasized that doing so could have a detrimental impact on their ability to effectively carry out investigations and prosecutions. This includes the potential risk of hindering cooperation from witnesses and targets.
Comer says recording key to weighing Biden’s fitness for office
Comer scheduled the contempt vote to hold Garland accountable, according to his statement.
“It’s like a massive firestorm engulfing the White House,” declared Comer on Thursday. “President Biden and his team are clearly hesitant to release the audio recordings of his interview because it would once again confirm to the American public that President Biden’s mental acuity is deteriorating.”
