Biden uses executive privilege block GOP access to special counsel interview audio

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• Amna Nawaz:

  President Biden today used executive privilege to deny House Republicans access to audio recordings from his interview with special counsel Robert Hur.

  The October 2023 interview centered on the president's handling of classified documents. Hur's report described the president as a — quote — "sympathetic, well-meaning, elderly man with a poor memory."

  House Republicans, including Representatives Jim Jordan and James Comer, requested the audio and planned to hold Attorney General Merrick Garland in contempt of Congress for failing to provide it.

  Earlier today, Garland addressed the matter.

• Merrick Garland, U.S. Attorney General:

  There have been a series of unprecedented and frankly, unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent.

• Amna Nawaz:

  Following it all is NPR's Carrie Johnson, who joins us now.

  So, Carrie, House Republicans already have transcripts of the interviews provided by the White House. What's their argument for why they need the actual audio, and why was that request denied?

• Carrie Johnson, NPR:

  Jim Jordan and the House Judiciary Committee signaled that he simply doesn't trust the White House in this transcript. He wants to see what Biden said and hear what Biden said for himself.

  And he said more about the president's state of mind and his memory issues could become more clear if he's able to hear the audio. The Justice Department and the White House seem to be signaling that they have already made extraordinary accommodations. They have given written transcripts. They have given House Republicans correspondence between the Justice Department and Biden's White House counsel and his private lawyers and a couple of classified documents as well.

  And they are drawing a line that enough is enough and that House Republicans do not need to hear these audiotapes at this time.

• Amna Nawaz:

  But President Biden had insisted that Hur had mischaracterized the interviews when the transcripts came out, but now they won't release the audio. Doesn't that put the White House in a difficult position here?

• Carrie Johnson:

  It does to some extent, but I think the White House may be making a calculation that it's better to receive criticism on that point than to try to release the audio, which, as the White House counsel said, could then be sliced and diced and chopped up as part of campaign ads before the November election.

• Amna Nawaz:

  And what about this move, as we reported earlier, to hold Attorney General Merrick Garland in contempt of Congress for not providing that audio? Where does that stand now?

• Carrie Johnson:

  The White House has asserted executive privilege, but the House Judiciary Committee went right ahead along party lines this afternoon and voted to hold Merrick Garland, the attorney general, in contempt.

  We expect a similar vote overnight by the House Oversight Committee. Then, of course, Amna, that whole issue has to get on the House floor. The full House would have to vote. A majority of the full House would have to vote in order to hold Merrick Garland in contempt.

  But now that the White House has asserted executive privilege, Merrick Garland basically has a legal shield, a legal defense, and so he couldn't be prosecuted for this anyway.

• Amna Nawaz:

  Carrie, House Republicans' efforts to impeach the president have stalled. Their attempt to impeach the homeland security secretary failed.

  Do they now have their sights set on Merrick Garland?

• Carrie Johnson:

  Merrick Garland seems to think so.

  In his remarks to reporters this morning at the Justice Department, he cast this move as yet another in a series of what he called unfounded attacks on the Justice Department, federal agents and prosecutors, Republican attempts to defund the special counsel Jack Smith, who has secured two indictments against former President Donald Trump.

  That, Merrick Garland says, is wrong, and he's going to defend the institution and the people who work there.

• Amna Nawaz:

  That is NPR's Carrie Johnson joining us tonight.

  Carrie, thank you so much.

• Carrie Johnson:

  Thank you.