DOJ doubles down on not releasing Biden-Hur interview tapes

By Jen Krausz on
 January 6, 2025

The Department of Justice (DOJ) is doubling down on its refusal to release a tape of President Joe Biden's interview with special counsel Robert Hur in the wake of a decision made on Dec. 20.

Assistant Attorney General Christopher Fonzone advised Attorney General Merrick Garland in the opinion that Congress could not arrest or fine him for agreeing with Biden's assertion of executive privilege.

“To be sure, Congress may disagree with the President’s privilege assertion—it would not be the first time Congress objected to the Executive Branch’s withholding of information on executive privilege grounds,” the opinion stated. “But what Congress cannot do is arrest, imprison, or impose burdensome financial sanctions on an official for carrying out the President’s direction not to disclose information over which the President asserted executive privilege.”

After Hur declined to prosecute Biden because he would present to the jury as a “sympathetic, well-meaning elderly man with a poor memory," the House voted in June to hold Garland in contempt for not complying with a subpoena to turn over the tape.

A lawsuit by the House Judiciary Committee over the tape's release has not been resolved.

The refusal to release the tape points to a coverup by the White House of Biden's cognitive decline.