President Joe Biden asserted the protection of executive privilege regarding the audio recordings of his Department of Justice (DOJ) interview. This move is intended to protect Attorney General Merrick Garland as he faces charges from Republican lawmakers, who are pursuing contempt of Congress charges against Garland.
House Committee Mulls Holding Garland In Contempt
After the DOJ refused to provide the audio recordings of Biden’s interview with Special Counsel Robert Hur, the House Judiciary Committee has commenced a hearing to consider holding the Attorney General in contempt of Congress.
DOJ Previously Cooperated with Committees
House Republicans previously had access to a transcript of the interview between Biden and Hur, as the Committee invited Hur to testify before them in March, where Hur faced criticism from both sides of the aisle.
DOJ Claims Previous Cooperation Sufficient
The DOJ argues that it has already provided adequate interview transcripts and has coordinated extensively with the House Committee to investigate the special counsel report.
The DOJ Expresses Concerns about Precedent
In addition to claiming that they have provided adequate materials to the House Committee, the DOJ also holds that it would set a dangerous precedent that could deter high-profile individuals from cooperating with DOJ investigations moving forward. This is due to the fear that the interactions could be used against them politically.
DOJ Investigations Intended to be Impartial and Independent Politically
Officials at the DOJ have emphasized the apolitical nature of investigations at the DOJ and warned against lawmakers at any level asserting political pressure on the Agency.
Garland Targeted Not For Content of Work, But For Upholding Independence of Agency
Assistant Attorney General Carlos Uriarte claimed that Garland was not under scrutiny for failures in his duties or the Agency’s investigation but rather for his insistence on maintaining the investigation’s independence.
Garland Spoke Publicly in Defense
Garland spoke publicly to defend the decision to protect the audio files by executive privilege. While Garland rarely speaks publicly on the topic, he accused House Republicans of engaging in inappropriate politicized attacks on the DOJ that are counterproductive to justice and the determinations of an independent investigative body.
Garland also reiterated the negative impact releasing audio could have on future investigations involving high-profile individuals.
If Congress Holds Garland In Contempt, Undermines Integrity of Agency Long Term
In the context of the House Judiciary Committee considering holding Garland in contempt of Congress, Garland argued that doing so would deal an additional blow to the organization’s perceived integrity and undermine its mission. Garland asserted that many people have already issued threats and expressed distrust of the DOJ, which undermines the structures of order and justice within the federal government and puts agents and prosecutors at risk.
DOJ’s Function and Structure Rely on Independence
In his public comments, Garland expressed continued commitment to upholding the DOJ’s independence and integrity. He vowed to continue to uphold the law and the DOJ’s status within the structures of the U.S. federal government, protecting the department from attempts to politicize its role.
Robert Hur Investigation At Issue in Proceedings
At issue for House Republicans, prior even to Garland’s refusal to release audio files of the interview with special counsel Hur, was Hur’s conclusion that Biden should face criminal charges for his mishandling of classified documents. Meanwhile, former President Trump faces criminal charges on a similar account.
Hur Report Details
Hur’s report totaled 388 pages, and Congress received the report and transcripts of the interviews and held an extensive hearing with Hur himself to describe his investigation and findings. Ultimately, Hur determined that the evidence was not sufficient to support a conviction on charges and revealed a vulnerable and troubling assessment that Biden interviewed as an elderly man with memory lapses.
Reaction to Hur’s Report
The fallout from Hur’s report was swift and explosive. Specifically, his description of Biden’s old age and compromised mental faculties outraged Biden’s supporters, and his political foes were giddy at the portrayal, as that is exactly what Republicans want voters to think of Biden in November when they cast their ballot for President.
White House Letter to Jim Jordan and James Comer
Once the House Judiciary Committee’s intentions to charge Garland with contempt of Congress became known, White House Counsel Ed Siskel sent a letter to House Judiciary and Oversight Committee Chairmen Rep. Jim Jordan and Rep. James Comer, respectively, alerting them that President Biden would be asserting executive privilege regarding the audio files.
The letter further criticized Garland’s political targeting and the Committee’s overall motives.
President Must Act to Protect Integrity of Law Enforcement Agencies
In his letter to the House Oversight and Judiciary Committees, Siskel emphasized the role of the President to ensure the law enforcement agencies under the executive branch remain independent and free from political influence. He argued that the position of the President and the DOJ is that the House Committees intended to distort and misuse the audio recordings for political gain.
White House States Committees Have Access to Adequate Information
Further, the White House letter questioned the need for the audio recordings, claiming that the committees had sufficient relevant information related to the investigation, including transcripts of the audio recordings.
DOJ Claims Garland Cannot Be Held In Contempt For Upholding DOJ Mission, Like His Predecessors
In asserting Executive Privilege, Biden exercised a commonplace executive action in line with DOJ policy. Both parties have utilized such privileges in the past. Garland is unlikely to be charged with contempt on these grounds, as many past administrators have acted similarly.
