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After Missed Deadline, Chairmen Jordan and Comer Subpoena DOJ for Special Counsel Documents

Rebecca Downs
Rebecca Downs  |  February 27, 2024 3:45 PM

Almost immediately after Special Counsel Robert Hur released his report indicating that President Joe Biden was too old to charge for the mishandling of classified documents, Republicans on the House Oversight and Judiciary Committees as well as the House Committee on Ways and Means demanded transcripts of the interviews from Biden. With the February 19 deadline having come and gone, House Oversight Committee Chairman James Comer (R-KY) and House Judiciary Chairman Jim Jordan (R-OH) have sent a subpoena letter to Attorney General Merrick Garland for those transcripts.

As the chairmen point out, what response of sorts that the Department of Justice (DOJ) provided in the form of a letter from Assistant Attorney General Carlos Felipe Uriarte was hardly sufficient. 

"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. 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," the letter reads early on. The letter also later notes that "the Judiciary and Oversight Committees believe that the information and documents requested are primarily unclassified."

The transcripts, which the letter describes as "a narrow and specific set of material," are instrumental to drafting articles of impeachment against Biden. "The Committees are concerned that President Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings. The Committees further seek to understand whether the White House or President Biden’s personal attorneys placed any limitations or scoping restrictions during the interviews with Special Counsel Hur or Mr. Mark Zwonitzer precluding or addressing any potential statements directly linking President Biden to troublesome foreign payments," the letter explains, also referring to Biden's ghost writer. 

Not only that, there's also an interest for the Judiciary Committee as it applies to the weaponization against former and potentially future President Donald Trump. "Additionally, the Judiciary Committee requires these materials for its ongoing oversight of the Department’s 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," the letter also mentions. 

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As these letters tend to mention, Congress has authority in these matters, though this letter is particularly strongly worded, mentioning that "conducting an impeachment inquiry based on anything less than all pertinent evidence would be an affront to the Constitution and irreparably damage public faith in the impeachment process."

A press release from the Judiciary Committee contained statements from the two chairmen, as well as House Committee on Ways and Means Chairman Jason Smith (R-MO). Their statements spoke to other concerns that multiple members of Congress, as well as Americans, have about the president's fitness for office, especially as he runs for another term. 

"Special Counsel Robert Hur's investigation into President Biden's mishandling of classified documents made two things clear: there's a double standard of justice in this country and Joe Biden isn't fit for office. The transcripts and materials from his investigation are critical to our oversight work," said Jordan highlighting those concerns. 

Comer also highlighted the need for transparency. "The Justice Department has closed its investigation into classified documents, but the Oversight Committee and Judiciary Committee’s investigation continues. Americans expect equal justice under the law and DOJ is allowing the Bidens to operate above it. Special Counsel Hur’s report outlined that classified documents Joe Biden stashed for years relate to countries where his family cashed in on the Biden brand. We owe it to the American people to provide transparency and accountability about the extent of Joe Biden retaining sensitive materials and the concerns raised about his current mental state and fitness to be President of the United States," he said. 

"Now that Special Counsel Hur's investigation has concluded, the American people have a right to know whether President Biden retained classified documents related to his family's overseas business dealings. While the Special Counsel may have declined to charge the president citing his memory problems, Congress and the American people do not consider 'elderly and well meaning' a defense for corruption," said Smith, highlighting a key portion of Hur's report. "Given that President Biden rarely answers any questions in public, the American people deserve access to the recordings of the Special Counsel's interview that led him to conclude that a jury would find Joe Biden 'sympathetic' given his age and 'poor memory,'" he added also highlighting criticism when it comes to how Biden has given a shockingly low amount of press briefings. 

In addition to these games that the DOJ looks to be playing, Biden and the White House have lied and misled multiple times about the report's findings.

While the DOJ may not have complied, even Democrats like Rep. Dan Goldman of New York believe that releasing the transcript would be "helpful." Further, Biden's own attorney accidentally made the case for their release, as Matt highlighted.