In a move that shares similarities with former President Trump's attempts to use executive privilege while in office, President Biden has asserted executive privilege to prevent the release of audio recordings of his interviews with special counsel Robert Hur. This decision has raised questions about transparency and accountability within the White House.

The transcripts of Biden's interview with Hur have already been released to a committee. However, the White House's assertion of executive privilege aims to block the public release of the audio recordings. Both Biden and Attorney General Merrick Garland argue that "law enforcement files like these need to be protected."

Legal expert Andrew McCarthy drew parallels between Biden's assertion of executive privilege and Trump's actions during the Mueller investigation. McCarthy highlighted how Trump allowed White House counsel Don McGahn to be interviewed by Mueller at length and even provided voluminous notes of his conversations with Trump. However, when Democrats sought to subpoena McGahn to testify before the House Judiciary Committee, Republicans fought against it, arguing that providing information to a prosecutor does not waive the privilege for Congress.

Executive privilege is a longstanding concept that allows the executive branch to withhold certain internal discussions and documents from scrutiny by the courts and the legislative branch. McCarthy emphasized that presidents have withheld information from Congress throughout the history of the United States.

Congress has various tools at its disposal to obtain information from the executive branch, including holding individuals in contempt. However, McCarthy warned that if the president's party has significant influence in Congress, these efforts can be more challenging. McCarthy stated that for Biden, the decision to assert executive privilege is a political calculation of whether stonewalling is less damaging than releasing the potentially damaging tape.

The media's reaction to Biden's assertion of executive privilege was also criticized by McCarthy. He argued that the media initially covers the matter to preserve their integrity but quickly moves on to other subjects, effectively helping Biden bury the issue.

Attorney General Garland defended Biden's decision, stating that releasing the audio recordings would harm the ability to conduct successful investigations in the future. In a letter to GOP Representatives Jim Jordan and James Comer, Associate Attorney General Carlos Uriarte reiterated the longstanding position that an official asserting executive privilege cannot be prosecuted for criminal contempt of Congress.

The issue of executive privilege faced challenges following Trump's term, particularly after the Capitol protests of January 6, 2021. Former Trump advisers Steve Bannon and Peter Navarro were both convicted of contempt of Congress and sentenced to prison for their refusal to comply with subpoenas. Bannon's appeal was recently denied, and Navarro's imprisonment began in March.

Biden's decision to assert executive privilege was made at the suggestion of Attorney General Garland, who emphasized the need to protect law enforcement files. The House Judiciary Committee has advanced a resolution to hold Garland in contempt of Congress for the Justice Department's failure to produce the subpoenaed audio recording of Biden's interview with Hur.

Hur led the investigation into Biden's handling of classified documents after his vice presidency. In February, he announced that he would not recommend criminal charges against Biden, citing his age and poor memory as factors that would make conviction difficult.

These developments have sparked widespread discussions about the transparency and accountability of the executive branch. The controversy surrounding executive privilege continues to raise questions about the balance of power between the branches of government and the public's right to information.