Why did Biden invoke executive privilege over the Robert Hur interview tapes?
When House Republicans sought to access a recording of a deposition President Joe Biden gave to a special prosecutor over his handling of classified documents, they were met with a firm answer: no.
Biden invoked an oft-cited presidential power, executive privilege, to withhold the recording from House members.
But what exactly is executive privilege, and how does it allow Biden to restrict access to the deposition?
Trump trial live updates: Michael Cohen is back on the stand for more cross-examination
What is executive privilege?
Executive privilege is a power that presidents have claimed under the Constitution to withhold certain information and documents from the legislative and judicial branches of government, as well as the public. While it isn’t specifically mentioned in the Constitution, presidents have claimed that it is inherent in the separation of powers clause, and courts have largely upheld the right.
In a letter to Biden, U.S. Attorney General Merrick Garland wrote that the recordings fall under executive privilege, adding that turning the recordings over to Congress “would raise an unacceptable risk of undermining the Department’s ability to conduct similar high-profile criminal investigations — in particular, investigations where the voluntary cooperation of White House officials is exceedingly important.”
Prep for the polls: See who is running for president and compare where they stand on key issues in our Voter Guide
Why are House Republicans trying to access the recording?
In February, Special Counsel Robert Hur released a 345-page report on Biden’s handling of classified documents. The report concluded that although classified documents were found in Biden’s Delaware home, charges should not be filed against him.
However, the report was nonetheless damning for the sitting president. Hur wrote that “at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”
The Justice Department has already given House Republicans transcripts of Hur’s interviews with Biden, but in a recent committee meeting, House Judiciary Committee Chairman Rep. Jim Jordan (R-Ohio) argued that the recording is necessary for lawmakers to gauge whether Hur made the right decision in declining to prosecute Biden.
What now?
The House Judiciary and Oversight House committees voted last week to advance resolutions holding Attorney General Merrick Garland in contempt for refusing to hand over the deposition recording. House Oversight Chairman James Comer (R-Ky.) hinted that he is prepared to challenge Garland’s decision to withhold the audio in court.
Maya Homan is a 2024 election fellow at Paste BN, focusing on Georgia politics. Follow her on X, formerly Twitter, as @MayaHoman.