Release of Biden special counsel audiotapes that have ‘no actual relevance’ to impeachment would make White House non-cooperation more likely, DOJ says

Joe Biden, Merrick Garland

Left: Vice President Kamala Harris. Center: President Joe Biden speaks from the Roosevelt Room. Right: Attorney General Merrick Garland (AP Photo/Susan Walsh).

To swat down a lawsuit by House Judiciary Committee Republicans that seeks to force the release of audiotapes of special counsel Robert Hur’s classified documents-focused interview of President Joe Biden, the Department of Justice responded Tuesday that, if this were to occur, voluntary cooperation by White House officials in high-profile investigations like this would be “less likely” moving forward.

The lawsuit, separate and apart from ongoing Freedom of Information Act litigation in federal court, has claimed that the assertion of executive privilege over the Biden tapes and audio of Hur’s interview of Biden biographer Mark Zwonitzer was “frivolous” and stonewalls legitimate legislative powers and purposes, such as impeachment and potentially reforming the DOJ’s “use of special counsels.”

When Hur released his report on the Biden classified documents investigation, noting that DOJ policy rules out charges against a sitting president, the special counsel said even though there was evidence Biden “willfully retained and disclosed classified materials” after his vice presidency, a jury wouldn’t want to convict the president, whom he called a “sympathetic, well-meaning, elderly man with a poor memory.”

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