'There Must Be Consequences': President Biden Asserts Executive Privilege To Conceal Special Counsel Interview Recording, Comer Vows Action

On Thursday, President Joe Biden asserted executive privilege to prevent the audio recording of his interview with special counsel Robert Hur from being released to House Republicans. The move attempts to shield Garland from charges after House Oversight Chairman James Comer (R-KY) and House Judiciary Chairman Jim Jordan (R-OH) scheduled a contempt vote for Attorney General Merrick Garland for his refusal to hand over the recording.

In a letter to the two House Republicans, Assistant Attorney General for Legislative Affairs Carlos F. Uriarte emphasized that the assertion of executive privilege traditionally leads to contempt of Congress not being prosecuted. "While our cooperation with Congress has been extraordinary, we also have a responsibility to safeguard the confidentiality of law enforcement files where disclosure would jeopardize future investigations," he said. "The Attorney General must draw a line that safeguards the Department from improper political influence and protects our principles, our law enforcement work, and the people who carry out that work independently." 

"It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the president's claim of executive privilege cannot be prosecuted for criminal contempt of Congress," Uriarte added.

According to the letter, Uriarte called upon Jordan and Comer to withdraw their contempt resolutions, with the DOJ official pointing to House lawmakers foregoing a contempt resolution in 2008 against Vice President Dick Cheney as President George W. Bush asserted executive privilege.

In response to the White House's move, Chairman Comer said in a statement that nothing would change after the president's last-minute attempt to save Garland. "Today's Hail Mary from the White House changes nothing for our committee," he said. "The House Oversight Committee will move forward with its markup of a resolution and report recommending to the House of Representatives that Attorney General Garland be held in contempt of Congress for defying a lawful subpoena."

Following a vote in the committee, the contempt resolution would then go to the House floor for a vote. The Biden White House seems adamant about ensuring that the recording isn't released to the public, and with good reason. As previously reported by the DC Enquirer, Hur's report pointed out the extent of Biden's cognitive decline, noting that Biden forgot when he was vice president in the Obama administration and when his son Beau died.

"In an interview with our office, Mr. Biden's memory was worse. He did not remember when he was vice president, forgetting on the first day of the interview when his term ended ('If it was 2013 - when did I stop being Vice President?'), and forgetting on the second day of the interview when his term began ('in 2009, am I still Vice President?')," the report reads. "He did not remember, even within several years, when his son Beau died. And his memory appeared hazy when describing the Afghanistan debate that was once so important to him."

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