Attorney General Merrick Garland has strongly defended President Biden's decision to assert executive privilege over recordings of his interview with special counsel Robert Hur, calling it necessary to protect sensitive investigations and the integrity of the Justice Department.
Attorney General Merrick Garland has condemned "unprecedented and frankly unfounded" attacks on the Justice Department after President Biden invoked executive privilege to block subpoenas for audio recordings of his interview with special counsel Robert Hur.
Speaking to reporters on his way to an FBI memorial for fallen agents, Garland stressed the importance of protecting the independence of the Justice Department and its ability to conduct investigations without political influence.
"The Justice Department is a fundamental institution of our democracy," Garland emphasized. "People depend on us to ensure our investigations and our prosecutions are conducted according to the facts and the law and without political influence."
Garland explained that the Justice Department had gone to great lengths to respond to legitimate requests from congressional committees, but that the request for the Hur recordings was a step too far.
"This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent effort to threaten, defund our investigations, and contribute to an atmosphere that puts our agents and our prosecutors at risk," Garland said.
He added that these attacks were "wrong" and that he would continue to protect the department and its employees.
"We have to go about our work following the federal principles of prosecution," Garland said. "We follow the facts and the law. We screen out outside, inappropriate influences. That’s what we’re doing here. We’re protecting our ability to continue to do high-profile and sensitive investigations, and we will continue to do that."
Garland also addressed concerns that the slow pace of the investigations into President Biden's handling of classified documents could erode confidence in the justice system.
"The special counsel brought both cases last year," Garland said. "He appropriately requested speedy trials. The matter is now in the hands of the judiciary."
In a letter to Biden, Garland advised the president that the audio recordings fall within the scope of executive privilege and that releasing them would have a detrimental effect on future law enforcement investigations.
The White House also defended the use of executive privilege, arguing that lawmakers' efforts to obtain the recordings were politically motivated and lacked any legitimate purpose.
The transcript of the Hur interview showed Biden struggling to recall some dates and details, but otherwise demonstrating deep recall in other areas. Biden and his aides are particularly sensitive to questions about his age and health, as he is the oldest ever president and is seeking another four-year term.
Hur, a former senior official in the Trump administration Justice Department, was appointed as a special counsel in January 2023 following the discovery of classified documents in multiple locations tied to Biden.
The files pertain to a troop surge in Afghanistan during the Obama administration that Biden had vigorously opposed. Biden kept records that documented his position, including a classified letter to Obama during the 2009 Thanksgiving holiday. Some of that information was shared with a ghostwriter with whom he published memoirs in 2007 and 2017.
Despite the use of executive privilege, the Justice Department's investigations into the handling of classified documents are ongoing, and special counsel Jack Smith is overseeing the investigation into Biden's actions.
