One legal expert says President Biden’s assertion of executive privilege to block the release of records of his meeting with special counsel Robert Hur is an indication that former President Trump exercised privilege while in the White House. There are some similarities with the previous attempt.
Biden’s transcript of his interview with Herr has already been released to the committee, but the White House, in line with Attorney General Merrick Garland, said “Law enforcement files like this need to be protected.” ” and asserted executive privilege to block the release of the audio recordings. ”
“The same argument was made In the Trump era, as is being done now. It’s just a role reversal,” said former Assistant U.S. Attorney Andrew McCarthy. fox news digital.
“For example, during the Mueller investigation, Trump had White House Counsel Don McGahn interview him. Democrats then sought to subpoena McGahn to the House Judiciary Committee, but Republicans resisted this.
Biden’s privilege claim to cover up special counsel interview is a move of “crude politics”: expert
President Biden speaks at the National Museum of African American History and Culture in Washington, DC, on May 17, 2024. (Al Drago/Bloomberg via Getty Images)
“The fact that they said they provided information to prosecutors in the executive branch does not waive their privilege to Congress,” he added. “Democrats all said this was obstruction of justice, it was outrageous, and Mr. McGahn had already waived his privilege by allowing him to speak to prosecutors.”
Executive privilege has existed since the nation’s earliest days, allowing the executive branch to withhold certain internal discussions and documents from scrutiny by courts and the legislature. This gives the president some breathing room to consult with his staff.
“The fact is that since the beginning of our republic, presidents have withheld information from Congress,” McCarthy said.
Congress has a variety of tools it can use to extract information from the executive branch, including putting people in contempt.
“Congress has all the constitutional weapons and powers it can use to fight back and extract information from the executive branch,” McCarthy said. “You know, you can cut budgets, you can postpone appointments, but if it gets bad enough, you can start disrespecting people.…The final option is obviously impeachment. is.”
But McCarthy warned that such efforts could become more difficult if the president’s party has sufficient influence in Congress.
“If the president’s party has enough influence in Congress to prevent the use of weapons, then it’s all just a political calculation,” he said. “Just like with Biden here, I would be more hurt by leaking the tapes and recordings than by sabotage. It appears the tapes were in very bad condition. , even if sabotage hurts him, that’s what he decided to do.” It’s better than letting the tape go. ”
McCarthy also highlighted how the media is reacting to Biden’s claims of executive privilege, saying they report on the issue to maintain integrity and then “help Biden bury it.” ”, he said, so he plans to distance himself from the issue.
“The usual problem that always happens here is that when a Republican administration obstructs, the media makes a fuss about it, and when a Democratic administration obstructs, the media has to cover it for a day or two so they can make their case. “I feel like they brought it up, but then they moved on to something else and Biden will help bury it, or at least they’ll make an effort,” he said.
Former President Trump (left) and President Biden (Related news)
Garland on Thursday defended Biden’s decision to assert executive privilege, saying the subpoena for the audio recordings “undermines our ability to successfully conduct sensitive investigations in the future.”
“This is a series of unprecedented and frankly unfounded attacks on the Department of Justice. “It’s just the latest effort to shut down our investigators and prosecutors. How does it contribute to an atmosphere that puts our investigators and prosecutors at risk?”
“It has been the long-standing position of the executive branch, by administrations of both parties, that officials who assert claims of presidential executive privilege cannot be prosecuted for contempt of Congress,” Deputy Attorney General Carlos Uriarte wrote to Republican lawmakers Thursday. stated in the letter. Jim Jordan and James Comer, chairs of the Judiciary Committee and the Oversight and Accountability Committee, respectively;
However, that “long-standing position” was challenged following Trump’s tenure in the White House and the protests at the Capitol on January 6, 2021.
Two people in the Trump administration who have brought executive privilege claims, former White House chief strategist Steve Bannon and former Trump aide Peter Navarro, have been accused by Congress of failing to respond to subpoenas issued by the government. He was found guilty of contempt and sentenced to prison. A now-defunct House of Representatives Select Committee is investigating the Capitol protests.
Trump ally Steve Bannon fights to stay out of prison but loses contempt appeal
Bannon, 70, was sentenced in October 2022 to four months in prison and a $6,500 fine for ignoring a congressional subpoena.
Bannon’s appeal was dismissed last week by the U.S. Court of Appeals for the D.C. Circuit, which issued a 20-page opinion arguing that allowing Bannon’s appeal would “thwart Congress’ investigative powers.”
Mr. Bannon has maintained that he acted on the advice of his legal team and did not intend to violate any laws. Judge Bradley Garcia said the acting defense of “advice of counsel” was “not a defense per se.”
Bannon’s lawyer, David Schoen, told Fox News Digital last week that the ruling will be appealed.
At the time Mr. Schoen received the subpoena, Mr. Bannon’s attorney, Robert Costello, advised his client that presidential privilege had been elevated and that he was not legally permitted to respond to the notice in any way. He pointed out that he had done so. It is not his prerogative to give it up.written by costello Committee Schoen said this is to let Bannon know that he will comply if the committee resolves the privileges issue with former President Trump or if a court orders him to do so.
Former White House chief strategist Steve Bannon (left) and former Trump advisor Peter Navarro (Getty Images)
Similarly, Navarro, who turned himself in to a Miami jail in March on orders from the U.S. Supreme Court, was charged with contempt of Congress for failing to respond to a Congressional subpoena requesting testimony and documents regarding events in January. and was convicted. 6.
Navarro is appealing his conviction for contempt of Congress, but the court has refused to postpone his prison sentence until the appeal is completed.
Navarro argued that Trump had invoked executive privilege and could not cooperate with the commission investigating the January 6 attack, an argument rejected by a lower court.
The lower court found that Mr. Navarro was in fact unable to do so. prove that trump triggered manager’s privilege.
White House press secretary Karine Jean-Pierre said Biden’s decision to claim the privilege was at Garland’s request. Jean-Pierre said Garland’s suggestion was that “law enforcement files like this need to be protected.”
The House Judiciary Committee on Thursday introduced a resolution charging Garland with contempt of Congress over the Justice Department’s failure to provide subpoenaed recordings of Biden’s interview with Herr. The vote advances the measure toward a floor-wide vote.
Special Counsel Robert Hur (left) and President Biden (Getty Images)
Mr. Xu led the investigation. Biden’s handling of classified documents After leaving office as vice president under Obama. In February, Mr. Xu announced that he would not recommend criminal charges against Mr. Biden for possessing classified materials once he becomes vice president, calling him a “sympathetic, well-meaning elderly man with a poor memory.”
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In his report, Mr. Xu said it would be “difficult” to convince a jury to convict Mr. Biden of intentional crimes because of his advanced age.
The findings sparked widespread outrage that Biden was, in effect, deemed too cognitively impaired to be charged with a crime but could still serve as president. President Trump, meanwhile, denounced the disparity in charges as a reflection of a “sick and corrupt nation.” Our country’s two-tiered judicial system.”
FOX News’ Chris Pandolfo, Elizabeth Elkind, Luis Casiano and Emma Colton contributed to this report.
