Flashback: White House Bragged About Not Asserting Executive Privilege over Special Counsel Probe into Joe Biden

Special Counsel Robert K. Hur watches a video of President Joe Biden during the House Judi
Tom Williams/CQ-Roll Call, Inc via Getty

The White House previously bragged about not asserting executive privilege over Special Counsel Rob Hur’s probe into President Joe Biden for mishandling classified documents.

The White House’s tune changed on Thursday when Biden asserted executive privilege over his interview with Hur to prevent Congress from obtaining audio recordings of the interview.

During the president’s interview with Hur, Biden, 81, experienced mental lapses and “poor memory” at least seven times, according to a transcript that Breitbart News obtained.

The House Oversight Committee scheduled a markup on Thursday to begin the process of holding Attorney General Merrick Garland in contempt of Congress for his refusal to hand over the recordings. The contempt proceedings are a part of the impeachment inquiry into Biden.

The reversal in policy comes after White House spokesman Ian Sams touted not asserting executive privilege over the investigation, the House Judiciary Committee posted in a flashback on Thursday.

“He was transparent,” Sams told reporters. “He had nothing to hide.”

Shortly after the White House asserted executive privilege, the Department of Justice (DOJ) claimed that Biden’s executive privilege prevents Congress from holding Garland in contempt of Congress.

That apparently will not stop Republicans. “It’s a five-alarm fire at the White House,” House Oversight Committee Chair James Comer (R-KY) responded in a statement:

The White House is asserting executive privilege over the recordings, but it has already waived privilege by releasing the transcript of the interview. Today’s Hail Mary from the White House changes nothing for our committee. The House Oversight Committee will move forward with its markup of a resolution and report recommending to the House of Representatives that Attorney General Garland be held in contempt of Congress for defying a lawful subpoena.

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. The House Oversight Committee requires these recordings as part of our investigation of President Biden’s mishandling of classified documents.

Mike Davis, founder and president of the Article III Project, said Republicans must move forward to obtain the recordings.

“House Republicans must obtain these recordings as part of its impeachment authority,” he said. “Now Biden is hiding behind executive privilege to prevent the American public from hearing how he knowingly stole and shared highly classified records with his ghostwriter of his book, for which Biden got an $8 million advance.”

“Biden put our national security at grave risk for personal financial gain. Now he’s leading a cover-up,” he added.

Legal analyst Phil Holloway said the executive privilege was misapplied. “Executive privilege is for conversations with advisers in order that they may speak freely on matters related to the presidency and official duties,” he posted on X. “Not for grilling by prosecutors.”

“Joe Biden is hiding behind executive privilege to prevent the American public from hearing how he knowingly mishandled classified intelligence for personal financial gain,” House Conference Chair Elise Stefanik (R-NY) said in a statement.

Wendell Husebo is a political reporter with Breitbart News and a former GOP War Room Analyst. He is the author of Politics of Slave Morality. Follow Wendell on “X” @WendellHusebø or on Truth Social @WendellHusebo.

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