JUST IN: Recent Court Case Could Force Biden To Release Audio From Hur Interview

Republicans have already located an opening to challenge President Joe Biden’s decision on Thursday to invoke executive privilege in denying Congress access to a recorded interview where he and special counsel Robert Hur discussed how classified documents ended up in the garage of his Delaware home.

Investigative reporter Julie Kelly broke down how a recent case in the D.C. appellate court may warrant charges of hypocrisy by the Democratic incumbent. During a legal battle with attorneys for former President Donald Trump about the return of classified documents at Mar-a-Lago, the Biden administration concluded that Trump’s claim of executive privilege over the documents was “not in the best interest of the United States” given the “unique and extraordinary circumstances” around the January 6th, 2021 riots at the Capitol and any relevant communications Trump or his staff may have had. The court sided with Biden, ruling that Trump was not entitled to a preliminary injunction that allowed him to avoid turning J6 documents back over to the U.S. National Archives.

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Now, attorneys for Biden are refusing to provide a recording of his conversation with Hur to House Republicans because of politics. “Demanding such sensitive and constitutionally protected law enforcement materials from the executive branch because you want to manipulate them for potential political gain is inappropriate,” White House counsel Edward N. Siskel wrote in a letter to Mr. Jordan and Mr. Comer on Thursday according to the New York Times. U.S. Attorney General Merrick Garland, who invoked the executive privilege on behalf of the president, added that Hur’s interviews with Biden and his ghostwriter “fall within the scope of executive privilege.”

Handing them over “would raise an unacceptable risk” of undermining “similar high-profile criminal investigations — in particular, investigations where the voluntary cooperation of White House officials is exceedingly important,” he said.

Kelly writes that Biden boxed himself into a corner during his arguments against Trump’s executive privilege before the D.C. court. “So now House GOP has a framework of recent case law to challenge Biden’s privilege claims related to denying Congress the recording of his interview with Robert Hur—by using Biden’s own words,” she said on X.

Joe Biden repeatedly denied Trump’s claims of privilege in authorizing NARA to turn over presidential records to Congress.

Biden claimed Congress’ investigation into Jan 6 “insurrection” outweighed presidential privilege claims.

Judge Tanya Chutkan agreed. 3 Dem judges… pic.twitter.com/khlMzR5HdQ

— Julie Kelly 🇺🇸 (@julie_kelly2) May 16, 2024

In response to Garland’s denial, House Republicans on the Judiciary and Oversight Committees plan to meet Thursday where they will consider recommending a contempt of Congress resolution to the full House for a vote. If passed, the Biden Justice Department would be certain to decline to prosecute Garland.

A transcript of Hur’s conversation with Biden contained explosive quotes, including where the special counsel describes the president as a “well-meaning elderly man with a poor memory” who could not remember the year his son Beau died or when he left the office of the vice presidency. Republicans seized on the findings as further evidence that President Biden is unfit for office while his allies have publicly rebuked Hur for including language in the report they believed was overly inflammatory.

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