The White House has recently asserted executive privilege over audio and video recordings related to Special Counsel Robert Hur's interviews with President Biden. This move was communicated in a letter from Associate Attorney General Carlos Uriarte to Reps. Jim Jordan and James Comer, chairmen of the Committee on the Judiciary and Committee on Oversight and Accountability, respectively.
According to the letter, the President has claimed executive privilege over the requested audio recordings and is also making a protective assertion of privilege over any remaining materials responsive to the subpoenas that have not yet been produced. The executive branch, under administrations of both parties, has maintained the position that an official asserting the President's claim of executive privilege is immune from prosecution for criminal contempt of Congress.
Furthermore, the executive privilege extends to interviews between President Biden and ghostwriter Mark Zwonitzer. Attorney General Merrick Garland, in a letter to President Biden, emphasized that the audio recordings of these interviews are within the scope of executive privilege. Garland highlighted that sharing these recordings with the Committees could pose a significant risk of undermining the Department's ability to conduct similar high-profile criminal investigations, especially those where the voluntary cooperation of White House officials is crucial.
This development underscores the ongoing legal and political dynamics surrounding the investigations and interactions between the White House and congressional committees. The assertion of executive privilege in this context raises questions about the balance of power between the executive and legislative branches and the implications for transparency and accountability in government proceedings.