Biden invokes executive privilege to shield Robert Hur interview tapes from House
BART JANSEN, USA TODAY
Updated May 16, 2024 at 6:33 AM
WASHINGTON – President Joe Biden invoked executive privilege Thursday to keep
the recording of his deposition about storing classified documents at his home confidential, as House Republicans set two committee votes to
hold Attorney General Merrick Garland in contempt for refusing to release the recording.
The Justice Department's Office of Legal Counsel determined the recording falls under executive privilege and Garland shouldn't be punished for following the president's order to keep the recording confidential, according to Carlos Uriarte, an associate attorney general.
The Office of Legal Counsel has long held that executive privilege extends to a "closed criminal investigation where disclosure is likely to damage future law enforcement efforts," Garland wrote to Biden on Wednesday.
The confrontation creates another election-year flashpoint between
Republicans who have threatened Biden and Garland with impeachment and the
Democratic administration dismissing the charges as partisan theater. At issue is recordings of the controversial interview that led Special Counsel Robert Hur to report that Biden is a "sympathetic, well-meaning,
elderly man with a poor memory."
The
House Judiciary Committee scheduled its vote for 10 a.m. Thursday and the
House Oversight and Accountability Committee set its vote for 8 p.m.
If the resolution is approved, the full House would have to consider it. But the Justice Department has declined to pursue charges against two previous attorneys general the House held in contempt:
Republican Bill Barr in 2019 and
Democrat Eric Holder in 2012.