U.S. House Judiciary files suit to obtain audio tapes of Biden special counsel interview

WASHINGTON, DC - JANUARY 12: U.S. Attorney General Merrick Garland speaks during a news conference at the Justice Department to announce the appointment of a Special Counsel to investigate the discovery of classified documents held by President Joe Biden at an office and his home on January 12, 2023 in Washington, DC. Garland announce that former U.S. Attorney for the District of Maryland Robert Hur was appointed as Special Counsel for the investigation. (Photo by Chip Somodevilla/Getty Images)

WASHINGTON — The U.S. House Judiciary Committee Monday filed suit against Attorney General Merrick Garland, in an ongoing effort to obtain audio recordings from President Joe Biden’s interview with a special counsel during an investigation of the president’s handling of classified documents.

The suit, filed in the U.S. District Court for the District of Columbia, asks to overturn Biden’s assertion of executive privilege over the recordings of his interviews with Robert K. Hur.

The Republican-controlled committee argues in the suit that the tapes are relevant in its impeachment inquiry into Biden and “whether the President willfully retained the classified materials to benefit either his family … or himself.”

A spokesperson for the Justice Department said in a statement to States Newsroom that the “Department is reviewing the lawsuit and will respond in court at the appropriate time.”

The suit also asks for audio recordings of Hur’s interview with Mark Zwonitzer, the ghostwriter of Biden’s 2017 memoir.

It’s one of several efforts by Republicans to obtain the tapes, after Hur declined to bring charges against Biden and described him as a “sympathetic, well-meaning elderly man with a poor memory.” Biden rebuffed many of those claims.

“The Committee thus needs those recordings to assess the Special Counsel’s characterization of the President, which he and White House lawyers have forcefully disputed, and ultimate recommendation that President Biden should not be prosecuted,” according to the suit.

Separately, Florida GOP Rep. Anna Paulina Luna is leading efforts to hold an “inherent contempt” vote when lawmakers return next week against Garland with the hope of obtaining the tapes.

Last week, House Speaker Mike Johnson, R-La., said that House Republicans will “be as aggressive as we can and use every tool in our arsenal to make sure” that the audio tapes are released.

The House in early June voted to hold Garland in contempt for not releasing the audio recordings. However, the Department of Justice provided a written transcript of Hur’s interviews with Biden to the House Judiciary Committee and the House Oversight and Accountability Committee.

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