Biden asserts executive privilege over Robert Hur interview tapes

President Joe Biden has undercut House Republican endeavors to hold Attorney General Merrick Garland in contempt of Congress by asserting executive privilege over tapes related to special counsel Robert Hur‘s investigation into his handling of classified documents.

The White House advised House Oversight and Judiciary Committee Chairmen James Comer (R-KY) and Jim Jordan (R-OH) of Biden’s decision regarding the tapes of his interview with Hur and his memoir ghostwriter Mark Zwonitzer, which have been subpoenaed by Comer and Jordan’s panels, through a letter from White House Counsel Edward Siskel, obtained by the Washington Examiner.

“Because of the President’s longstanding commitment to protecting the integrity, effectiveness, and independence of the Department of Justice and its law enforcement investigations, he has decided to assert executive privilege over the recordings,” Siskel wrote Thursday.

In the letter, Siskel underscored Biden’s cooperation with Hur and lawmakers interested in the special counsel’s investigation, adding the president did not assert executive privilege over Hur’s report. The White House and Biden’s personal attorneys, most notably Bob Bauer, however, did try to discourage Hur from including assessments of Biden’s memory and mental acuity in it.

“As you know, the Attorney General has warned that the disclosure of materials like these audio recordings risks harming future law enforcement investigations by making it less likely that witnesses in high-profile investigations will voluntarily cooperate,” Siskel wrote. “In fact, even a past President and Attorney General from your own party recognized the need to protect this type of law enforcement material from disclosure.”