(Washington, DC) – In a move that has reignited debate over executive privilege and transparency, President Joe Biden invoked executive privilege on Thursday to withhold the recording of his deposition regarding the storage of classified documents at his home. This decision comes as House Republicans pursue committee votes to hold Attorney General Merrick Garland in contempt for refusing to release the recording to Congress.
The Justice Department’s Office of Legal Counsel, led by Carlos Uriarte, cited executive privilege in determining that the recording should remain confidential. Garland, in a letter to President Biden, emphasized that the recording falls under this privilege, particularly in the context of a closed criminal investigation where disclosure could impede future law enforcement efforts.
The controversy has escalated into an election-year flashpoint, with Republicans accusing the Biden administration of withholding information and Democrats dismissing the actions as partisan theater. At the heart of the matter are recordings from a contentious interview that led Special Counsel Robert Hur to characterize Biden as a “sympathetic, well-meaning, elderly man with a poor memory.”
The House Judiciary Committee has scheduled a vote for Thursday morning, while the House Oversight and Accountability Committee will hold its vote later in the day. If approved, the resolution would advance to the full House for consideration.
Notably, the Justice Department has historically refrained from pursuing charges against attorneys general held in contempt by the House, including Republican Bill Barr in 2019 and Democrat Eric Holder in 2012. This decision underscores the complex legal and political dynamics surrounding the current standoff between the Biden administration and congressional Republicans.
The investigation into Biden’s handling of classified documents stems from discoveries made at his Penn Biden Center office in Washington, D.C., during his tenure as vice president and later in his home in Wilmington, Delaware. While former President Donald Trump has drawn comparisons, alleging differential treatment, White House officials emphasize that Biden voluntarily returned documents and cooperated with authorities.
Attorney General Garland appointed Special Counsel Hur to conduct an independent investigation, culminating in Biden’s deposition in October. Despite Hur’s characterization of Biden’s memory, the president has vehemently disputed any implications regarding his mental acuity.
The ongoing dispute underscores broader questions about government transparency and the limits of executive privilege, highlighting the complexities of balancing national security concerns with congressional oversight and public accountability.
