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Tipsheet

AG Garland in Danger of Contempt As Biden Invokes Executive Privilege in Classified Doc Probe

AP Photo/Stephanie Scarbrough

It’s been a while, but what about the tapes during Special Counsel Robert Hur’s probe into Joe Biden’s mishandling of classified documents? The president wasn’t charged during these proceedings, as he was considered too old and frail to stand trial. It infuriated Democrats, who saw this as another James Comey moment. Biden was slammed for being reckless with sensitive information but fell short of an indictment. 

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The irony is that Joe Biden’s attorney opened the door to demanding the release of these tapes as the Left fought vigorously against the mental decline observations made by Hur. If Biden was cogent, release the tapes. The president opted to invoke executive privilege, and House Republicans moved toward holding Attorney General Merrick Garland in contempt over the matter. Garland refused to turn over the audio recordings (via CBS News): 

A Republican-led House committee voted Thursday to advance a resolution holding Attorney General Merrick Garland in contempt of Congress for defying its request for audio recordings from the classified documents case against President Biden. 

The Justice Department said Thursday morning that the president was asserting executive privilege over the recordings, adding a new wrinkle to the dispute with Congress. 

The House Judiciary Committee considered the resolution over the department's refusal to hand over the recordings of former special counsel Robert Hur's October 2023 interview with the president, which came as part of his investigation into Mr. Biden's handling of classified documents, voting 18-15 to advance the proceedings. The House Oversight Committee was set to do the same Thursday night. 

Hur wrapped the yearlong investigation months ago, releasing a highly anticipated report in February. While Hur's report ultimately vindicated the president, it included some highly critical conclusions. The committees subpoenaed the Justice Department for the audio recording and other materials from the probe. 

"This morning we get an 11th hour invocation of executive privilege," Judiciary Committee Chairman Jim Jordan said Thursday, noting that the assertion does not change that the attorney general has not complied with the subpoena. "President Biden is asserting executive privilege for the same reason we need the audio recordings — they offer a unique perspective."

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The president told his ghostwriter about these documents, which were stored in the basement of his Delaware home. Most of the files that were taken without permission related to the Afghanistan War during the Obama presidency, where Biden reportedly feels his position, which Barack Obama rejected, was the proper course of action regarding the fight against the Taliban. Joe wanted to do a victory lap. 

While it’s good Capitol Hill theater, nothing will likely happen. Garland will keep his job, though Biden is reportedly furious with his AG for allegedly slow-walking the investigations into Trump, something he likely would have used as political fodder. In short, Biden is mad his Department of Justice didn’t go after his political enemies.

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