It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the President's claim of executive privilege cannot be prosecuted for criminal contempt of Congress,
In his report, Hur described Biden as 'an elderly man with a poor memory,' remarks that angered the White House and its Democratic allies.
Attorney General Merrick Garland wrote in a letter to President Biden that the 'audio recordings of your interview ... fall within the scope of executive privilege.'
'Production of these recordings to the Committees would raise an unacceptable risk of undermining the Department's ability to conduct similar high-profile criminal investigations-in particular, investigations where the voluntary cooperation of White House officials is exceedingly important,' he wrote.
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