After President Biden declared on Thursday that he would utilize executive privilege to deny the House Judiciary and Oversight committees&#8217; request for access to audio recordings from special counsel Robert Hur’s investigation into Biden&#8217;s handling of classified documents, Attorney General Merrick Garland — whom the committees may hit with a contempt of Congress resolution for defying the request — termed the request illegitimate, adding it would “harm their ability in the future to successfully pursue sensitive investigations.”
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Attorney General Garland defends President Biden’s decision to assert executive privilege over the audio of his Hur interview, saying it’s not a legitimate request and would “harm their ability in the future to successfully pursue sensitive investigations.”
&mdash; Kaitlan Collins (@kaitlancollins) <a href="https://twitter.com/kaitlancollins/status/1791097216334954670?ref_src=twsrc%5Etfw">May 16, 2024</a></blockquote>
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“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,” Assistant Attorney General Carlos Uriarte <a href="https://punchbowl.news/doj-executive-privilege/" target="_blank" rel="noopener">wrote in a letter</a>.
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Hur interviewed Biden in October 2023, then released his report in February 2024. The House Judiciary and Oversight committees <a href="https://www.cbsnews.com/news/james-comer-jim-jordan-subpoena-justice-department-biden-special-counsel/" target="_blank" rel="noopener">subpoenaed</a> the Justice Department for the audio recording, among other materials from Hur’s investigation. On February 27, Rep. James Comer, Chairman of the Oversight Committee, and Rep. Jim Jordan, Chairman of the Judiciary Committee, <a href="https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2024-02-27%20JDJ%20to%20DOJ%20re%20subpoena.pdf" target="_blank" rel="noopener">wrote</a> Garland:
<blockquote>
On February 12, 2024, the Committee on the Judiciary (“Judiciary Committee”), along with the Committee on Oversight and Accountability (“Oversight Committee”) and the Committee on Ways and Means, wrote you requesting a narrow and specific set of material in the possession of the Department of Justice relating to Special Counsel Robert K. Hur’s investigation of President Joe Biden’s “willful” mishandling of classified information. On February 16, the Department responded, failing to produce any of the requested material and stating instead that it was “working to gather and process” responsive documents.3 The Department, however, offered no timeframe by which it expected to make any productions or, indeed, any commitment that it would produce all of the material requested. &#8230;
In its February 16 letter, the Department stated that it was reviewing responsive materials for “classification” and “confidentiality interests.” The Department provided no timeline by which its review would be complete or a commitment that it would produce all responsive material following the review. Additionally, the Judiciary and Oversight Committees believe that the information and documents requested are primarily unclassified. To the extent that the subpoenas compel the production of classified material, the Department may produce those materials under separate cover. Accordingly, considering the seriousness of this matter, please find the attached subpoena for the requested materials.
</blockquote>
Daniel Chaitin contributed to this article.
Related: <a href="https://www.dailywire.com/news/biden-asserts-executive-privilege-over-tapes-in-docs-probe">Biden Asserts Executive Privilege Over Tapes In Docs Probe</a>

Merrick Garland

Garland, Under Threat of Contempt, Calls House GOP’s Request for Biden Tapes Illegitimate

House Judiciary Committee

House Oversight Committee

Joe Biden

Robert Hur

tapes

President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a> has asserted executive privilege over audio recordings from special counsel <a href="https://www.dailywire.com/topic/robert-hur" target="_blank" rel="noopener">Robert Hur</a>&#8216;s investigation into Biden&#8217;s handling of classified documents that further raised questions about the commander-in-chief&#8217;s mental acuity as he runs for a second term.
The decision was conveyed to House leaders on Thursday in the hours before a pair of GOP-led committees were expected to move forward with contempt of Congress proceedings against Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> for refusing to fully comply with subpoenas from February that demanded tapes of Hur&#8217;s two-day interview with Biden and of the special counsel&#8217;s interview with Biden&#8217;s ghostwriter, Mark Zwonitzer.
&#8220;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,&#8221; Assistant Attorney General Carlos Uriarte <a href="https://punchbowl.news/doj-executive-privilege/" target="_blank" rel="noopener">wrote in a letter</a>.
House Oversight Chairman <a href="https://www.dailywire.com/topic/james-comer" target="_blank" rel="noopener">James Comer</a> (R-KY) and Judiciary Chairman <a href="https://www.dailywire.com/topic/jim-jordan" target="_blank" rel="noopener">Jim Jordan</a> (R-OH) received the letter ahead of their panels&#8217; scheduled meetings on Thursday to initiate contempt of Congress proceedings against Garland over the audio. Neither one backed down on their plans to press ahead with contempt. The Judiciary Committee, which released a <a href="https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/Garland%20Contempt%20Report%20re%20Hur%20Report%20Materials_ANS.pdf">report</a> that said  the sought-after materials &#8220;are necessary to determine whether sufficient grounds exist to draft&#8221; articles of impeachment against Biden, began debate on contempt in the morning as planned.
Comer released a statement that said the &#8220;Hail Mary from the White House changes nothing for our committee&#8221; and declared that his panel would mark up a resolution and report recommending to the full House that Garland be held in contempt of Congress for defying a lawful subpoena.
&#8220;It’s a five-alarm fire at the White House. Clearly President Biden and his advisors fear releasing the audio recordings of his interview because it will again reaffirm to the American people that President Biden’s mental state is in decline,&#8221; Comer said. &#8220;The House Oversight Committee requires these recordings as part of our investigation of President Biden’s mishandling of classified documents. The White House is asserting executive privilege over the recordings, but it has already waived privilege by releasing the transcript of the interview.&#8221;
Rep. Jamie Raskin (D-MD), the top Democrat on the Oversight Committee, said in a statement <a href="https://www.washingtonpost.com/nation/2024/05/16/biden-hur-privilege-merrick-garland-contempt-impeachment/?utm_campaign=wp_main&amp;utm_medium=social&amp;utm_source=twitter" target="_blank" rel="noopener">reported by The Washington Post</a> that Republicans are “trying to blame Attorney General Merrick Garland for their own protracted comedy of errors,&#8221; adding, &#8220;it’s delightfully absurd to suggest that listening to the President’s words instead of just reading them will suddenly reveal&#8221; an impeachable crime.
In his letter, Uriarte stressed the committees &#8220;ought not proceed with contempt and should instead avoid unnecessary and unwarranted conflict&#8221; as Biden had &#8220;asserted executive privilege over the requested audio recordings and is making a protective assertion of privilege over any remaining materials responsive to the subpoenas that have not already been produced.&#8221;
His letter also said, &#8220;We have repeatedly made clear that disclosure of the subpoenaed audio recordings would damage future law enforcement efforts and that the Committee’s continued demands raise serious separation of powers concerns.&#8221; Uriarte additionally noted &#8220;substantial efforts&#8221; to accommodate the demands from Comer and Jordan, including providing transcripts of the interviews and correspondence regarding Hur&#8217;s report.
The correspondence from Uriarte included a letter from Garland to Biden contending that the audio recordings from the interviews &#8220;fall within the scope of executive privilege.&#8221; He raised concerns about how disclosure of the materials could harm future investigations that Edward Siskel, counsel to the president, cited in a <a href="https://www.politico.com/f/?id=0000018f-8149-d166-a5af-df5b358d0001" target="_blank" rel="noopener">separate letter</a> to House Republicans.
&#8220;The absence of a legitimate need for the audio recordings lays bare your likely goal — to chop them up, distort them, and use them for partisan political purposes,” Siskel wrote. &#8220;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.&#8221;
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The report from special counsel Hur&#8217;s team was released in February after roughly a year of investigation. It criticized Biden&#8217;s retention of classified records while out of office, describing Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221; Prosecutors ultimately declined to recommend charges against the president.
Hur also found that Zwonitzer deleted recordings of conversations he had with Biden upon learning about the documents inquiry. But the ghostwriter provided &#8220;plausible, innocent reasons&#8221; for his actions during the interview and Hur&#8217;s team said they ultimately determined the evidence would not suffice for a conviction on obstruction of justice, according to the special counsel report.
Biden and the White House have pushed back against Hur&#8217;s characterizations in his report, but Garland insisted that it would have been <a href="https://www.dailywire.com/news/garland-says-censoring-hurs-biden-docs-report-would-have-been-absurd" target="_blank" rel="noopener">&#8220;absurd&#8221;</a> for someone in his position to have edited or censored the special counsel&#8217;s explanation.
The fight over audio from Hur&#8217;s classified documents probe comes as Biden is running for a second term paving the way toward another November face-off against former President Donald Trump, who is trying to fend off charges in multiple criminal cases — including one related to his own handling of classified records.
Trump campaign spokesman Steven Cheung said in a statement on Thursday, &#8220;Crooked Joe Biden and his feeble administration have irretrievably politicized the key constitutional tenet of executive privilege, denying it to their political opponents while aggressively trying to use it to run political cover for Crooked Joe.&#8221;

President Biden Meets With Joint Chiefs And Combatant Commanders

Biden Asserts Executive Privilege Over Tapes In Docs Probe

Congress

Department of Justice

Executive

James Comer

Jim Jordan

Politics

U.S. House of Representatives

The House Judiciary Committee is poised to initiate contempt of Congress proceedings against Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> in a clash over recordings from special counsel Robert Hur&#8217;s investigation into President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a>&#8216;s handling of classified documents.
With no apparent breakthrough in negotiations between House Republicans and the Department of Justice (DOJ) for lawmakers to get the audio files, a source confirmed to The Daily Wire that a markup is being planned for May 16, which is Thursday of next week.
House Oversight Chairman <a href="https://www.dailywire.com/topic/james-comer" target="_blank" rel="noopener">James Comer</a> (R-KY) and Judiciary Chairman <a href="https://www.dailywire.com/topic/jim-jordan" target="_blank" rel="noopener">Jim Jordan</a> (R-OH) <a href="https://www.dailywire.com/news/house-republicans-give-ag-merrick-garland-one-more-chance-to-deliver-audio-from-biden-docs-probe" target="_blank" rel="noopener">sent a letter</a> to Garland a few weeks ago, saying they were giving him 10 more days to fully comply with their February subpoenas or face contempt of Congress proceedings.
&#8220;Your response to the subpoenas remains inadequate, suggesting that you are withholding records for partisan purposes and to avoid political embarrassment for President Biden,&#8221; the pair wrote, according to a <a href="https://dailycaller.com/2024/04/16/jim-jordan-james-comer-robert-hur-transcript-joe-biden/" target="_blank" rel="noopener">copy of the April 15 letter obtained</a> by The Daily Caller.
The lawmakers warned they would have &#8220;no choice but to invoke contempt of Congress proceedings&#8221; unless they were given the audio recordings of Hur&#8217;s interview with Biden and of the special counsel&#8217;s interview with Biden&#8217;s ghostwriter, Mark Zwonitzer.
&#8220;To avoid this, the Committees expect you to produce all responsive materials no later than 12:00 p.m. on April 25, 2024,&#8221; Comer and Jordan added.
The two chairmen had previously set an April 8 deadline, warning their committees would &#8220;consider taking further action, such as the invocation of contempt of Congress proceedings&#8221; without full compliance.
Assistant Attorney General Carlos Uriarte <a href="https://www.dailywire.com/news/garland-risks-contempt-of-congress-as-doj-spurns-house-gop-demand-for-biden-audio" target="_blank" rel="noopener">sent</a> a letter to the lawmakers on April 8, saying a transcript for the two-day interview with Biden already provided to them should be sufficient. A transcript of Hur&#8217;s interview with Zwonitzer was also given.
The DOJ is &#8220;concerned&#8221; about the demands &#8220;that is cumulative of information we already gave you&#8221; and they indicate lawmakers want it for &#8220;political purposes&#8221; rather than &#8220;legitimate oversight or investigatory functions,&#8221; Uriarte said.
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Hur&#8217;s report, which was released in February, criticized Biden&#8217;s retention of classified records while out of office, yet the prosecutor declined to recommend charges.
The report described Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221;
Hur also found that Zwonitzer deleted recordings of conversations he had with Biden upon learning about the documents inquiry.
However, the ghostwriter provided &#8220;plausible, innocent reasons&#8221; for his actions during the interview and Hur said he ultimately determined the evidence would not suffice for a conviction on obstruction of justice.
Biden and the White House have pushed back against Hur&#8217;s characterizations in his report, but Garland insisted that it would have been <a href="https://www.dailywire.com/news/garland-says-censoring-hurs-biden-docs-report-would-have-been-absurd" target="_blank" rel="noopener">&#8220;absurd&#8221;</a> for someone in his position to have edited or censored the special counsel&#8217;s explanation.
During testimony to Congress in April, Garland <a href="https://twitter.com/cspan/status/1780261901768831242" target="_blank" rel="noopener">acknowledged</a> his agency sent correspondence &#8220;explaining our position with respect to the recordings&#8221; and noted the &#8220;longstanding practice&#8221; of keeping witness records confidential to not &#8220;chill&#8221; future investigations.

Attorney General Merrick Garland

House Judiciary To Begin Contempt Proceedings Against Garland Over Biden Docs Probe Audio

U.S.

The <a href="https://www.dailywire.com/topic/department-of-justice" target="_blank" rel="noopener">Department of Justice</a> (DOJ) again chose to spurn a demand by <a href="https://www.dailywire.com/topic/house-republicans" target="_blank" rel="noopener">House Republicans</a> to hand over audio recordings from special counsel Robert Hur&#8217;s investigation into President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a>&#8216;s handling of classified documents.
Assistant Attorney General Carlos Uriarte conveyed the refusal in a new <a href="https://www.politico.com/f/?id=0000018f-1657-d78f-afaf-3fdffa030000" target="_blank" rel="noopener">letter</a> sent to House Oversight Chairman <a href="https://www.dailywire.com/topic/james-comer" target="_blank" rel="noopener">James Comer</a> (R-KY) and Judiciary Chairman <a href="https://www.dailywire.com/topic/jim-jordan" target="_blank" rel="noopener">Jim Jordan</a> (R-OH) on Thursday, which was the latest deadline the congressional leaders had set for the subpoenaed materials.
&#8220;Despite our many requests, the Committees have not articulated a legitimate congressional need to obtain audio recordings from Mr. Hur’s investigation, let alone one that outweighs the Department’s strong interest in protecting the confidentiality of law enforcement files,&#8221; Uriarte wrote.
Comer and Jordan have <a href="https://www.dailywire.com/news/house-republicans-give-ag-merrick-garland-one-more-chance-to-deliver-audio-from-biden-docs-probe" target="_blank" rel="noopener">threatened</a> to begin contempt of Congress proceedings against Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> if the DOJ continued to rebuff their push for the audio recordings of Hur&#8217;s interview with Biden and of the special counsel&#8217;s interview with Biden&#8217;s ghostwriter, Mark Zwonitzer.
“Your response to the subpoenas remains inadequate, suggesting that you are withholding records for partisan purposes and to avoid political embarrassment for President Biden,” they <a href="https://www.dailywire.com/news/house-republicans-give-ag-merrick-garland-one-more-chance-to-deliver-audio-from-biden-docs-probe" target="_blank" rel="noopener">wrote</a> in a mid-April letter offering Garland one more chance to comply.
As the chairmen have already been given transcripts of the interviews and other records, Uriarte wrote in his newest letter that it &#8220;seems that the more information you receive, the less satisfied you are, and the less justification you have for contempt, the more you rush towards it.&#8221;
Hur&#8217;s report, which was released in February, criticized Biden&#8217;s retention of classified records while out of office, yet the prosecutor declined to recommend charges.
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The report described Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221;
Hur also found that Zwonitzer deleted recordings of conversations he had with Biden upon learning about the documents inquiry.
However, the ghostwriter provided &#8220;plausible, innocent reasons&#8221; for his actions during the interview and Hur said he ultimately determined the evidence would not suffice for a conviction on obstruction of justice.
Biden and the White House have pushed back against Hur&#8217;s characterizations in his report, but Garland insisted that it would have been <a href="https://www.dailywire.com/news/garland-says-censoring-hurs-biden-docs-report-would-have-been-absurd" target="_blank" rel="noopener">&#8220;absurd&#8221;</a> for someone in his position to have edited or censored the special counsel&#8217;s explanation.
During testimony earlier this month, Garland <a href="https://twitter.com/cspan/status/1780261901768831242" target="_blank" rel="noopener">acknowledged</a> his agency sent correspondence &#8220;explaining our position with respect to the recordings&#8221; and noted the &#8220;longstanding practice&#8221; of keeping witness records confidential to not &#8220;chill&#8221; future investigations.

Special Counsel Robert Hur Testifies On Biden’s Classified Documents Investigation

DOJ Again Rebuffs House GOP Over Audio From Biden Docs Probe

House Republicans

Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> is getting another chance to deliver audio recordings from special counsel Robert Hur&#8217;s investigation into President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a>&#8216;s handling of classified documents to <a href="https://www.dailywire.com/topic/house-republicans" target="_blank" rel="noopener">House Republicans</a>.
House Oversight Chairman <a href="https://www.dailywire.com/topic/james-comer" target="_blank" rel="noopener">James Comer</a> (R-KY) and Judiciary Chairman <a href="https://www.dailywire.com/topic/jim-jordan" target="_blank" rel="noopener">Jim Jordan</a> (R-OH) sent a letter to Garland on Monday saying he had 10 more days to fully comply with their February subpoenas or face contempt of Congress proceedings.
&#8220;Your response to the subpoenas remains inadequate, suggesting that you are withholding records for partisan purposes and to avoid political embarrassment for President Biden,&#8221; the pair wrote, according to a <a href="https://dailycaller.com/2024/04/16/jim-jordan-james-comer-robert-hur-transcript-joe-biden/" target="_blank" rel="noopener">copy of the letter obtained</a> by The Daily Caller.
The lawmakers said they will have &#8220;no choice but to invoke contempt of Congress proceedings&#8221; unless they are given the audio recordings of Hur&#8217;s interview with Biden and of the special counsel&#8217;s interview with Biden&#8217;s ghostwriter, Mark Zwonitzer.
&#8220;To avoid this, the Committees expect you to produce all responsive materials no later than 12:00 p.m. on April 25, 2024,&#8221; Comer and Jordan added.
The two chairmen had previously set an April 8 deadline, warning their committees would &#8220;consider taking further action, such as the invocation of contempt of Congress proceedings&#8221; without full compliance.
Assistant Attorney General Carlos Uriarte <a href="https://www.dailywire.com/news/garland-risks-contempt-of-congress-as-doj-spurns-house-gop-demand-for-biden-audio" target="_blank" rel="noopener">sent</a> a letter to the lawmakers on April 8, saying a transcript for the two-day interview with Biden already provided to them should be sufficient. A transcript of Hur&#8217;s interview with Zwonitzer was also given.
The Department of Justice is &#8220;concerned&#8221; about the demands &#8220;that is cumulative of information we already gave you&#8221; and they indicate lawmakers want it for &#8220;political purposes&#8221; rather than &#8220;legitimate oversight or investigatory functions,&#8221; Uriarte said.
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Hur&#8217;s report, which was released in February, criticized Biden&#8217;s retention of classified records while out of office, yet the prosecutor declined to recommend charges.
The report described Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221;
Hur also found that Zwonitzer deleted recordings of conversations he had with Biden upon learning about the documents inquiry.
However, the ghostwriter provided &#8220;plausible, innocent reasons&#8221; for his actions during the interview and Hur said he ultimately determined the evidence would not suffice for a conviction on obstruction of justice.
Biden and the White House have pushed back against Hur&#8217;s characterizations in his report, but Garland insisted that it would have been <a href="https://www.dailywire.com/news/garland-says-censoring-hurs-biden-docs-report-would-have-been-absurd" target="_blank" rel="noopener">&#8220;absurd&#8221;</a> for someone in his position to have edited or censored the special counsel&#8217;s explanation.
During testimony on Tuesday, Garland <a href="https://twitter.com/cspan/status/1780261901768831242" target="_blank" rel="noopener">acknowledged</a> his agency sent correspondence &#8220;explaining our position with respect to the recordings&#8221; and noted the &#8220;longstanding practice&#8221; of keeping witness records confidential to not &#8220;chill&#8221; future investigations.

U.S. Attorney General Merrick Garland

House Republicans Give AG Merrick Garland One More Chance To Deliver Audio From Biden Docs Probe

House Republicans Give AG Merrick Garland One More Chance To Deliver  Audio From Biden Docs Probe

The Department of Justice (DOJ) has chosen to rebuff <a href="https://www.dailywire.com/topic/house-republicans" target="_blank" rel="noopener">House Republicans</a> seeking audio of special counsel Robert Hur&#8217;s interviews with President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a> for a classified documents investigation despite a threat to hold Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> in contempt of Congress for defying their subpoenas.
Assistant Attorney General Carlos Uriarte wrote in a <a href="https://punchbowl.news/2024-04-08-out-jordan-comer-re-sco-hur/" target="_blank" rel="noopener">letter</a> sent to House Oversight Chairman <a href="https://www.dailywire.com/topic/james-comer" target="_blank" rel="noopener">James Comer</a> (R-KY) and Judiciary Chairman <a href="https://www.dailywire.com/topic/jim-jordan" target="_blank" rel="noopener">Jim Jordan</a> (R-OH) on Monday — which was the deadline the congressional leaders set for the materials — that a transcript for the two-day interview that was already provided to them should be sufficient.
&#8220;The Department is concerned that the Committees&#8217; particular focus on continuing to demand information that is cumulative of information we already gave you — what the President and Mr. Hur&#8217;s team said in the interview — indicates that the Committees&#8217; interests may not be in receiving information in service of legitimate oversight or investigatory functions, but to serve political purposes that should have no role in the treatment of law enforcement files,&#8221; Uriarte said.
Comer and Jordan <a href="https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2024-03-25%20JDJ%20JC%20to%20DOJ%20re%20Hur%20subpoena%20and%20contempt.pdf" target="_blank" rel="noopener">wrote</a> to Garland two weeks ago, saying they received redacted transcripts of Hur&#8217;s interview with Biden on March 12, just hours before the special counsel testified before the House. The chairmen again demanded audio recordings of Hur&#8217;s interview with Biden, which they had stressed as a priority, and audio recordings of the special counsel&#8217;s interview with Biden&#8217;s ghostwriter, Mark Zwonitzer, in compliance with subpoenas from February.
If Garland failed to provide the materials by April 8, the committees &#8220;will consider taking further action, such as the invocation of contempt of Congress proceedings,&#8221; they warned.
The committees have &#8220;already received the extraordinary accommodation of the transcripts, which gives you the information you say you need,&#8221; Uriarte claimed. &#8220;To go further by producing the audio files would compound the likelihood that future prosecutors will be unable to secure this level of cooperation. They might have a harder time obtaining consent to an interview at all. It is clearly not in the public interest to render such cooperation with prosecutors and investigators less likely in the future.&#8221;
Uriarte said his letter &#8220;supplements&#8221; previous responses to the panels and noted a transcript of Hur&#8217;s interview with Zwonitzer was enclosed as &#8220;further accommodation.&#8221; He argued that the information provided &#8220;does appear&#8221; to resolve the concerns raised by Comer and Jordan related to legislative oversight of the DOJ and the impeachment inquiry against Biden.
In a sign that the clash over materials from Hur&#8217;s investigation into Biden&#8217;s handling of classified records is not yet over, Comer released a statement that said Oversight and Judiciary Committees will &#8220;soon&#8221; respond to DOJ while seeking &#8220;needed&#8221; information.
&#8220;The Biden Administration does not get to determine what Congress needs and does not need for its oversight of the executive branch,&#8221; Comer <a href="https://twitter.com/RepJamesComer/status/1777448098308001999" target="_blank" rel="noopener">said</a>. &#8220;The American people deserve to hear the actual audio of President Biden’s answers to Special Counsel Hur.&#8221;
Seeming to anticipate an escalation, Uriarte pleaded how it is &#8220;not too late for the Committees to choose a different path, to take on offramp towards the &#8216;spirit of dynamic compromise&#8217; that the Constitution requires of us both.&#8221;
Hur&#8217;s report, which was released in February, criticized Biden&#8217;s retention of classified records while out of office, yet the prosecutor declined to recommend charges. The report described Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221;
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The special counsel also found that Zwonitzer deleted recordings of conversations he had with Biden upon learning about the documents inquiry, but the ghostwriter provided &#8220;plausible, innocent reasons&#8221; for his actions and other materials. Ultimately, Hur said he determined the evidence would not suffice for a conviction on obstruction of justice.
Biden and the White House have pushed back against Hur&#8217;s characterizations in his report, but Garland insisted that it would have been <a href="https://www.dailywire.com/news/garland-says-censoring-hurs-biden-docs-report-would-have-been-absurd" target="_blank" rel="noopener">&#8220;absurd&#8221;</a> for someone in his position to have edited or censored the special counsel&#8217;s explanation.

Garland Risks Contempt Of Congress As DOJ Spurns House GOP Demand For Biden Audio

On Monday, <a href="https://www.dailywire.com/topic/house-republicans" target="_blank" rel="noopener">House Republicans</a> threatened to hold Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> in contempt of Congress over materials from special counsel Robert Hur&#8217;s investigation into President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden&#8217;s</a> handling of classified documents.
Oversight Chairman <a href="https://www.dailywire.com/topic/james-comer" target="_blank" rel="noopener">James Comer</a> (R-KY) and Judiciary Chairman <a href="https://www.dailywire.com/topic/jim-jordan" target="_blank" rel="noopener">Jim Jordan</a> (R-OH) sent a <a href="https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2024-03-25%20JDJ%20JC%20to%20DOJ%20re%20Hur%20subpoena%20and%20contempt.pdf" target="_blank" rel="noopener">letter</a> to Garland that claimed the Department of Justice (DOJ) is withholding materials that are responsive to their subpoenas, specifically citing audio recordings of Hur&#8217;s interviews with Biden as well as the transcript and audio recordings of Hur&#8217;s interviews with Biden&#8217;s ghostwriter Mark Zwonitzer.
&#8220;The February 27 subpoenas create a legal obligation on you to produce this material,&#8221; Comer and Jordan wrote. &#8220;Accordingly, the Committees expect you to produce all responsive materials no later than 12:00 p.m. on April 8, 2024. If you fail to do so, the Committees will consider taking further action, such as the invocation of contempt of Congress proceedings.&#8221;
The Daily Wire reached out to the DOJ seeking comment.
&#8220;The Department has been extraordinarily transparent with Congress,&#8221; a DOJ spokeswoman said in response. &#8220;The Attorney General released Mr. Hur’s report to Congress and made no redactions or changes, the Department provided documents to Congress including a copy of the President’s interview transcript, and Mr. Hur testified before Congress for more than five hours about his investigation.&#8221;
The spokeswoman added, &#8220;Given the Department’s ongoing and extensive cooperation, we hope they will reconsider this unnecessary escalation.&#8221;
Hur&#8217;s report, which was released last month, criticized Biden&#8217;s retention of classified records following his service as a U.S. senator and vice president, but the prosecutor declined to recommend charges.
The report described Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221;
Biden and the White House have pushed back against Hur&#8217;s characterizations in his report, but Garland insisted last week that it would have been <a href="https://www.dailywire.com/news/garland-says-censoring-hurs-biden-docs-report-would-have-been-absurd" target="_blank" rel="noopener">&#8220;absurd&#8221;</a> for someone in his position to have edited or censored the special counsel&#8217;s explanation.
Following the release of Hur&#8217;s report, Comer and Jordan <a href="https://www.dailywire.com/news/house-republicans-subpoena-garland-for-biden-docs-probe-materials" target="_blank" rel="noopener">announced</a> they had subpoenaed Garland, declaring in a cover letter that the DOJ failed to produce any of the materials they had previously <a href="https://www.dailywire.com/news/house-republicans-set-deadline-for-doj-to-produce-biden-docs-probe-materials" target="_blank" rel="noopener">requested</a> — including transcripts, notes, video, and audio files.
The chairmen suggested that documents retained by Biden may be pertinent to the corruption-focused impeachment inquiry into the president and said they wanted to know if the White House or Biden’s personal attorneys placed any limitations or scoping restrictions during the interviews.
Comer and Jordan also wrote the Judiciary Committee sought materials for its oversight of the DOJ&#8217;s &#8220;commitment to impartial justice and its handling of the investigation and prosecution of President Biden’s presumptive opponent, President Donald J. Trump, in the November 2024 presidential election.&#8221;
On the March 7 subpoena deadline, the department provided an &#8220;insufficient production that only included letters exchanged between President Biden’s legal counsel and the Department, along with an offer to review two classified documents in camera,&#8221; the lawmakers wrote in their new letter.
Comer and Jordan said they notified the DOJ on March 9 that the production was &#8220;inadequate&#8221; and demanded the department produce &#8220;all&#8221; materials responsive to their subpoenas by the afternoon of March 11, one day before <a href="https://www.dailywire.com/news/accusations-fly-as-hur-clashes-with-schiff-on-biden-docs-report" target="_blank" rel="noopener">Hur testified</a> before the House Judiciary Committee about his investigation.
Yet again, the DOJ &#8220;failed to comply&#8221; with their deadline, instead informing committee staff &#8220;that an &#8216;interagency review&#8217; for classified and confidential information was still pending,&#8221; the lawmakers wrote. A little more than two hours before Hur was scheduled to testify, the DOJ produced two redacted transcripts of the special counsel&#8217;s interviews with Biden, they added.
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Comer and Jordan noted that news reports indicated that &#8220;several&#8221; news outlets received and reviewed the transcripts of Hur&#8217;s interviews with Biden before they were produced to their committees, even though the DOJ indicated that it only completed the &#8220;interagency review&#8221; of the transcripts the morning of March 12.
&#8220;Because the Department and the White House were presumably the only two entities with copies of the transcripts before the Committees received them, we can only assume that, for political purposes, the Department and White House provided the transcripts to news outlets before the Department completed its “interagency review” process,&#8221; the lawmakers wrote. &#8220;If that is not the case, we can only assume that the Department misled the Committees about the timing of its completion of such process.&#8221;

House Republicans Threaten Garland With Contempt Over Biden Docs Probe Materials

Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> rejected suggestions by critics that he should have altered <a href="https://www.dailywire.com/topic/robert-hur" target="_blank" rel="noopener">Robert Hur</a>&#8216;s special counsel report on President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden&#8217;s</a> handling of classified documents.
Speaking with reporters on Thursday, Garland dismissed the notion that someone in his position should have masked Hur&#8217;s description of Biden&#8217;s foggy memory while declining to pursue charges.
“The idea that an attorney general would edit or redact or censor the special counsel’s explanation for why the special counsel reached the decision the special counsel did — that’s absurd,” Garland <a href="https://twitter.com/MSNBC/status/1770845812198678782" target="_blank" rel="noopener">said</a>.
<blockquote class="twitter-tweet">
WATCH: AG Garland rejects criticism that he should have blocked Hur’s memory language. <a href="https://twitter.com/KenDilanianNBC?ref_src=twsrc%5Etfw">@KenDilanianNBC</a> has the latest: <a href="https://t.co/TjHoL3zYso">pic.twitter.com/TjHoL3zYso</a>
— MSNBC (@MSNBC) <a href="https://twitter.com/MSNBC/status/1770845812198678782?ref_src=twsrc%5Etfw">March 21, 2024</a></blockquote>
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Hur&#8217;s report, which was released last month, criticized Biden&#8217;s retention of classified records following his service as a U.S. senator and vice president, but the prosecutor declined to recommend charges.
The report described Biden as a &#8220;sympathetic, well-meaning, elderly man with a poor memory&#8221; whom a jury likely would not convict &#8220;of a serious felony that requires a mental state of willfulness.&#8221;
Biden delivered remarks at the White House in response to the report, insisting that his memory was &#8220;fine&#8221; just moments before <a href="https://www.dailywire.com/news/biden-explodes-during-press-conference-on-his-mental-fitness-makes-several-mental-mistakes" target="_blank" rel="noopener">he mistakenly said</a> Egyptian President Abdel Fattah El-Sisi was the president of Mexico.
POLITICO <a href="https://www.politico.com/f/?id=0000018d-ae03-dff1-a7df-effb0b150000" target="_blank" rel="noopener">published</a> a White House letter to Garland <a href="https://www.politico.com/news/2024/02/15/white-house-doj-biden-report-00141729" target="_blank" rel="noopener">a day before</a> the attorney general released Hur&#8217;s report, claiming some aspects &#8220;openly, obviously, and blatantly&#8221; violated Justice Department policy and practice.
During a <a href="https://www.dailywire.com/news/special-counsel-robert-hur-gives-explosive-testimony-to-congress-about-criminal-probe-into-biden" target="_blank" rel="noopener">congressional hearing</a> earlier this month, Hur <a href="https://twitter.com/RepDonaldsPress/status/1767565644357087243" target="_blank" rel="noopener">insisted</a> that his &#8220;assessment in the report about the relevance of the president&#8217;s memory was necessary, and accurate, and fair.&#8221;
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While facing claims of political bias from Democrats, Hur <a href="https://www.dailywire.com/news/accusations-fly-as-hur-clashes-with-schiff-on-biden-docs-report" target="_blank" rel="noopener">said</a> regulations &#8220;required&#8221; him to write a confidential report explaining his decision-making to Garland.
But it was ultimately Garland&#8217;s call on how much of the report to release to the public in accordance with legal requirements and Department of Justice policy, Hur added.
Garland picked Hur, who served as a U.S. attorney in Maryland during the Trump administration, to lead the documents probe early last year.
When the investigation came to a close, Garland <a href="https://www.dailywire.com/news/garland-informs-congress-biden-docs-probe-is-complete" target="_blank" rel="noopener">announced</a> that he was &#8220;committed to making as much of the Special Counsel’s report public as possible, consistent with legal requirements and Department policy.&#8221;

Garland Says Censoring Hur’s Biden Docs Report Would Have Been ‘Absurd’

Garland Says Censoring Hur's Biden Docs Report Would Have Been 'Absurd'

Rep. Eric Swalwell (D-CA) used up his time during a Tuesday hearing on Capitol Hill to lay out a case against former President Donald Trump — and then appeared to get frustrated when the witness, Special Counsel <a href="https://www.dailywire.com/topic/robert-hur" target="_blank" rel="noopener">Robert Hur</a>, refused to help him do it.
Hur testified Tuesday on his investigation into President Joe Biden and his handling of the classified documents that were found in his possession — but instead of asking him about that, Swalwell behaved as though it was another Trump impeachment hearing and asked Hur to condemn the former president.
WATCH:
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
WATCH: Congressman Eric Swalwell uses his time to bash Trump and falsely state that Trump wants to stop legal immigration and tries to get Special Counsel Hur to condemn Trump and he’s having none of it! 
“I’m not here to talk about Trump, I’m here to talk about this report… <a href="https://t.co/D3vNXJMaXt">pic.twitter.com/D3vNXJMaXt</a>
&mdash; 🇺🇸Travis🇺🇸 (@Travis_in_Flint) <a href="https://twitter.com/Travis_in_Flint/status/1767584256253993211?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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Swalwell began by addressing Hur&#8217;s personal history, saying that he had been &#8220;moved&#8221; by Hur&#8217;s parents&#8217; &#8220;immigrant story&#8221; — and within seconds, he had pivoted to attacking Trump, claiming that the former president would put an end to immigration if he had a second chance in the White House.
&#8220;It&#8217;s the story of America. It&#8217;s a story that the guy who appointed you would end if he was put in charge again,&#8221; Swalwell said, making no distinction between legal and illegal immigration, and adding that Republicans across the board were behind Trump on that issue.
Swalwell pivoted again, asking Hur whether he wanted his report on the Biden investigation &#8220;to be received with credibility&#8221; — and then immediately implied that in order for his report to be credible, Hur would have to disavow Trump.
&#8220;Since you were appointed, he was impeached for leveraging 350 U.S. — $350 million U.S. taxpayer dollars over Ukraine to get dirt on President Biden,&#8221; Swalwell said. &#8220;He was then impeached a second time for inciting an insurrection. He was charged for possessing classified documents and obstructing justice. He was charged for paying for the silence of a porn star. He was charged in Georgia for his role in January 6th. He was charged in the District of Columbia for his role in January 6th. He owes $400 million to the state of New York for defrauding the state through his taxes. And he has been judged a rapist.&#8221;
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Swalwell then turned to Hur, saying, &#8220;You want to be perceived as credible, so I want to first see if you will pledge to not accept an appointment from Trump if he is elected again as president.&#8221;
&#8220;Congressman, I am not here to testify about what will happen —&#8221; Hur pushed back, but Swalwell did not allow him to finish.
&#8220;Seems like an easy answer,&#8221; he interrupted. &#8220;Considering I just laid out —&#8221;
&#8220;I&#8217;m here to talk about this report and the work that went into it,&#8221; Hur stated.
Swalwell tried one more time to get a condemnation from Hur: &#8220;You don&#8217;t want to be associated with that guy again, do you?&#8221;
Hur refused to budge from his initial position: &#8220;I’m not here to talk about Trump; I’m here to talk about this report, which investigated Biden.&#8221;

Eric Swalwell Tries To Impeach Trump At Hur Hearing, Gets Frustrated When Hur Won’t Help

Eric Swalwell Tries To Impeach Trump At Hur Hearing, Gets Frustrated When Hur Won't Help

classified documents

Donald Trump

Eric Swalwell

Special Counsel Robert Hur gave explosive testimony before the House Judiciary Committee on Tuesday in which he confirmed that President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a> made false statements during his interview with investigators.
Hur found during his criminal investigation that Biden “willfully retained and disclosed classified materials,” but argued for no charges to be brought because Biden had serious cognitive issues — including not remembering when his son died or when he served as vice president in the Obama administration. Hur <a href="https://www.dailywire.com/news/special-counsel-biden-has-significantly-limited-memory-didnt-remember-when-he-was-vp-or-when-son-died" target="_blank" rel="noopener">concluded</a> that a jury would view Biden as “a sympathetic, well-meaning, elderly man with a poor memory.”
Hur told Judiciary Committee Chairman Jim Jordan (R-OH) that the Biden administration tried to alter his report before it was released to the public.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Q: Did the Biden White House attempt to have your report changed before it was publicly released?
SPECIAL COUNSEL HUR: Yes. <a href="https://t.co/0sPOYqdi5x">pic.twitter.com/0sPOYqdi5x</a>
&mdash; RNC Research (@RNCResearch) <a href="https://twitter.com/RNCResearch/status/1767587002461938010?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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&nbsp;
Hur pushed back forcefully against claims from Democrats during the hearing, like Rep. Pramila Jayapal (D-WA), who falsely claimed that Hur exonerated Biden.
“So this lengthy, expensive and independent investigation resulted in a complete exoneration of President Joe Biden,” Jayapal claimed. “For every document you discussed in your report, you found insufficient evidence that the president violated any laws about possession or retention of classified materials. The primary law that you analyze for potential prosecution was part of the Espionage Act, 18 U.S.C. 793, which criminalizes willful retention or disclosure of national defense information. Is that correct?&#8221;
Hur responded, “Congresswoman, that is one statute that we analyzed. I need to go back and make sure that I take note of the word that you used: exoneration. That is not a word that we used in the report and that is not part of my task as a prosecutor. The judgement that I received and that I ultimately reached was relating to whether sufficient evidence existed such that the likely outcome would be a conviction.”
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Jayapal again argued: “You exonerated him.”
“I did not exonerate him,” Hur fired back. “That word does not appear in the report, Congresswoman.”
Jayapal angrily cut off Hur: &#8220;Mr. Hur, it&#8217;s my time!&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Squad member Rep. Pramila Jayapal (D-Seattle) tried to get Robert Hur to lie and say he &quot;exonerated&quot; Joe Biden. It failed and failed miserably. <a href="https://t.co/xQVv5LxBaH">pic.twitter.com/xQVv5LxBaH</a>
&mdash; Jason Rantz on KTTH Radio (@jasonrantz) <a href="https://twitter.com/jasonrantz/status/1767596817922007513?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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When asked by Rep. Darrell Issa (R-CA) if he reached the conclusion in his report that Biden was innocent, Hur responded: &#8220;That conclusion is not reflected in my report, sir.&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Rep. Darrell Issa: &quot;In this case, did you reach a conclusion that this man was outright innocent?&quot; 
Robert Hur: &quot;That conclusion is not reflected in my report, sir.&quot; <a href="https://t.co/RTUNAoAjgS">pic.twitter.com/RTUNAoAjgS</a>
&mdash; MAGA War Room (@MAGAIncWarRoom) <a href="https://twitter.com/MAGAIncWarRoom/status/1767576836291101126?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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Hur told Rep. Kevin Kiley (R-CA) that there was enough factual evidence in the case that a reasonable juror could have voted to convict Biden.
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Rep. Kevin Kiley: &quot;So a reasonable juror could have voted to convict based on the facts?&quot;
Robert Hur: &quot;Correct.&quot; <a href="https://t.co/9LbLYlrDtA">pic.twitter.com/9LbLYlrDtA</a>
&mdash; MAGA War Room (@MAGAIncWarRoom) <a href="https://twitter.com/MAGAIncWarRoom/status/1767601112331235551?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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When Rep. Jerry Nadler (D-NY) asked if Hur had reason to believe that Biden &#8220;lied&#8221; during his interview, Hur responded that Biden gave answers during his interview that were deemed to be &#8220;not credible.&#8221;
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WATCH: Major self-own from Dem. Rep. Jerry Nadler:
NADLER: &quot;Do you have any reason to believe that President Biden lied to you?&quot;
SPECIAL COUNSEL HUR: Yes <a href="https://t.co/akLgVPJ6Fn">pic.twitter.com/akLgVPJ6Fn</a>
&mdash; Steve Guest (@SteveGuest) <a href="https://twitter.com/SteveGuest/status/1767571860051403084?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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Hur confirmed that numerous claims Biden made were not supported at all by the facts that were uncovered during the course of the investigation.
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BREAKING: Special Counsel Robert Hur ADMITS Joe Biden LIED when Biden said he did not share classified information
GAETZ: “Joe Biden said, ‘I guarantee I did not share classified information.’ That&#39;s not true, is it?” 
HUR: &quot;That is inconsistent with the findings.&quot; <a href="https://t.co/NyKPjHsozE">pic.twitter.com/NyKPjHsozE</a>
&mdash; Rep. Matt Gaetz (@RepMattGaetz) <a href="https://twitter.com/RepMattGaetz/status/1767576762404225048?ref_src=twsrc%5Etfw">March 12, 2024</a></blockquote>
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