Staff Reports
President Biden may encounter legal obstacles as he tries to assert executive privilege over tapes of his interview with federal investigators. The Democratic Party's previous efforts to obtain information from former President Trump could backfire, creating a "legal boomerang" effect.
Recent court rulings have denied Trump's attempts to use executive privilege to block the Jan. 6 Select Committee from accessing subpoenaed documents, underscoring the legitimacy of congressional investigations in obtaining information from the executive branch. Despite this, Biden’s position as the current head of the executive branch might give him an advantage in successfully withholding the tapes.
Legal Boomerang? Biden attempt to hide tapes to collide with precedent from past Democratic probes | Just The News https://t.co/73m6OPhk5l
— Badger Mike (@mpmersch) May 20, 2024
Biden invoked executive privilege to stop the Department of Justice from handing over tapes of his interviews with special counsel Robert Hur to the House Oversight and Judiciary Committees. Attorney General Merrick Garland recommended this move to safeguard future law enforcement efforts.
Executive privilege allows a president to withhold certain communications and documents from other branches of government, but this power has limits, particularly in criminal investigations, as evidenced during the Nixon-era Watergate scandal.
Although the Judiciary and Oversight Committees have held Garland in contempt for not releasing the tapes, Biden’s efforts may be challenged based on precedents set by Democrats when they pursued Trump’s records. House Democrats previously sought Trump's financial records and documents related to January 6, resulting in court rulings against Trump's executive privilege claims.
In Biden’s situation, House Republicans have initiated an official impeachment inquiry against the president, establishing a legitimate congressional investigation. Republicans have expressed their intention to take Biden to court over his executive privilege claims, potentially requiring the Supreme Court to define the boundaries of this privilege in the context of congressional subpoenas.
The Democratic Party’s historical efforts to access Trump’s records set a precedent that could complicate Biden’s attempts to withhold the tapes. Republicans are ready to contest Biden’s assertions in court, setting the stage for a significant legal battle over the limits of executive privilege.
