WASHINGTON: The White House on Thursday refused to release voice recordings from President Joe Biden’s interview with a special counsel about his handling of classified documents, arguing that Republican members of Congress were out to “chop them up” and use them for political purposes.
This fight over access to the tape recording is central to Republican attempts at finding Attorney General Merrick Garland in contempt of Congress, and more generally hampering Democratic President’s re-election campaign over the last few months of by far the most closely fought election campaign in America’s history.
“Our absence of legitimate need for these audio recordings exposes your likely objective – cutting or breaking them all apart and later using them in politically motivated ways,” wrote Ed Siskel, White House legal advisor, in a stinging letter sent to House Republicans ahead of planned votes by two committees today referring Garland to the DOJ for contempt charges stemming from his office’s refusal to deliver tapes.
“Making such requests is wrong when you consider that it seeks such sensitive law enforcement materials protected under the constitution so as they could be manipulated for political fortune,” added Siskel.
In a letter made public on Thursday, Garland also said he had advised Biden that audio falls within the purview of executive privilege. Executive privilege allows this president or any president get candid advice from advisers without fear of being forced into immediate disclosure and preserve confidential communications concerning official duties.
“There have been a series of unprecedented and frankly unfounded attacks on the Justice Department,” Garland told reporters. “The most recent example is this request; which intends to use contempt as a method against our sensitive law enforcement files.”
Garland provided Biden with information showing lawmakers’ actions “plainly do not outweigh the damage that would result if similar law enforcement investigations were allowed.”
Meanwhile, Assistant Attorney General Carlos Uriarte warned Congress about an effort like this leading to unnecessary conflict saying, “It has always been executive branch precedent under both administrations that an individual who asserts executive privilege on behalf of the president may not be held in contempt by Congress.”
Siskel’s letter to Congress follows complaints from Biden’s advisers and allies over remarks by special counsel Robert Hur about Biden’s age and mental faculties, pointing to anxieties during a difficult election year about the effect that embarrassing moments from the lengthy interview could have if this audio is released in full or selectively.
The transcript of the Hur interview showed Biden struggling to recall some dates and occasionally confusing some details – something longtime aides say he has done both publicly and privately for years – but otherwise showing deep recall in other areas. Questions about his age particularly touch a nerve with Biden and his team. At 81, he is the oldest president ever; he wants another four-year term.
Hur, who was senior official at Trump Administration Justice Department before his appointment as special counsel following the discovery of classified documents relating to Biden in different places, was appointed in January 2023.
According to Hur’s report, many of the items found at the Penn Biden Center in Washington, in some parts of Biden’s Delaware home and his Senate papers at the University of Delaware were preserved due to “errors.”
However, after investigation it was revealed that intent to retain or disclose was established on few documents from a group discovered at Biden’s house comma including garage office and basement den.
The papers concern a troop build-up in Afghanistan under Obama administration that Biden had strongly opposed. There are records kept by the then senator that spelled out his stand on this matter: as well as a secret memo sent to President Obama during Thanksgiving holiday 2009. Also, some details involving this issue were given away to one ghostwriter he worked with for his memoirs published in 2007 and 2017.