The Justice Department has refused to turn over subpoenaed audio recordings of former Special Counsel Robert Hur's interview with President Biden, maintaining that its cooperation with the congressional investigation into Biden's mishandling of classified documents has been "extraordinary."
The Justice Department's refusal to produce the audio recordings has heightened tensions between the Biden administration and House Republicans, who have accused the department of obstructing their investigation. House Oversight Committee Chair James Comer (R-Ky.) and House Judiciary Committee Chair Jim Jordan (R-Ohio) have threatened to hold Attorney General Merrick Garland in contempt of Congress for the department's failure to comply with the subpoena.
However, the Justice Department argues that it has already provided a transcript of Biden's interview with the special counsel, which it believes meets the requirements of the congressional investigation. Assistant Attorney General Carlos Uriarte wrote in a letter to the committees that the department's cooperation has been "extraordinary" and that the committees have "not responded in kind."
Uriarte accused the committees of seeking to create a "false narrative of obstruction" and warned that their threats of contempt "deepen our concern that you are seeking to weaken, rather than strengthen, the American people's confidence in our government and the rule of law."
The Justice Department's decision is based on a longstanding policy of protecting the confidentiality of ongoing and potential prosecutions. The department maintains that the release of audio recordings from an ongoing investigation could jeopardize the integrity of the investigation and harm national security interests.
Former Special Counsel Hur, who released his report to the public in February, found that Biden had "willfully retained classified materials," but declined to recommend criminal charges due to Biden's mental state and lack of intent to obstruct justice.
Hur's report described Biden as "a sympathetic, well-meaning elderly man with a poor memory," which has raised concerns about Biden's fitness to serve as president. The description has fueled speculation that Biden may not run for reelection in 2024, despite his previous statements that he intends to do so.
The Justice Department's refusal to produce the audio recordings has further escalated the partisan battle over the Biden documents probe. Republicans have accused the administration of stonewalling their investigation and of giving Biden preferential treatment. Democrats, on the other hand, have defended the Justice Department's actions and accused Republicans of engaging in political grandstanding.
The standoff between the Justice Department and House Republicans is likely to continue, with both sides digging in their heels. The outcome of the investigation and the potential for criminal charges against Biden remain uncertain.
