House Republicans subpoena DOJ for materials related to Special Counsel Hur interview of Joe Biden

House Republicans have subpoenaed Special Counsel Robert Hur for the transcript and any recordings of President Biden’s interview from the investigation into the president’s mishandling of classified documents.

Republicans leading the impeachment inquiry — House Oversight Committee Chair James Comer, House Judiciary Committee Chair Jim Jordan and House Ways & Means Committee Chair Jason Smith — requested the materials related to Biden’s October 2023 interview be turned over to Congress earlier this month and set a deadline of Feb. 19. That deadline was not met, but the Justice Department said it was ‘working to gather and process’ responsive documents. 

The subpoena, reviewed by Fox News Digital, compels the Justice Department to produce all documents and communications, including audio and video recordings, related to Hur’s interview of Biden. 

The subpoena also covers all documents and communications, including audio and video recordings, related to Hur’s interview of the ghost writer of Biden’s memoir, Mark Zwonitzer; documents identified as ‘A9’ and ‘A10’ in the Appendix A of Hur’s report, which relate to then-Vice President Joe Biden’s Dec. 11, 2015 call with Ukrainian Prime Minister Arseniy Yatsenyuk; and all communications between or among representatives of the Department of Justice, including the Office of Special Counsel, the Executive Office of the President, and President Biden’s personal counsel referring or relating to Hur’s report.  

Fox News Digital obtained a letter the Republicans sent to Attorney General Merrick Garland on Tuesday, notifying the department of the subpoena, and taking issue with the fact that the DOJ, earlier this month, ‘offered no timeframe by which it expected to make any productions or, indeed, any commitment that it would produce all of the material requested.’ 

‘The Oversight and Judiciary Committees, in coordination with the Ways and Means Committee, are investigating whether sufficient grounds exist to draft articles of impeachment against President Biden for consideration by the full House,’ they wrote. ‘The Committees are concerned that President Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings.’ 

The Republicans are also seeking information on ‘whether the White House or President Biden’s personal attorneys placed any limitations or scoping restrictions during the interviews with Special Counsel Hur or Mr. Mark Zwonitzer precluding or addressing any potential statements directly linking President Biden to troublesome foreign payments.’

‘Additionally, the Judiciary Committee requires these materials for its ongoing oversight of the Department’s commitment to impartial justice and its handling of the investigation and prosecution of President Biden’s presumptive opponent, President Donald J. Trump, in the November 2024 presidential election,’ the letter states. ‘The documents requested are directly relevant to both the impeachment inquiry and the Judiciary Committee’s legislative oversight of the Department.’ 

Ahead of the Feb. 19 deadline to produce the records, the Justice Department wrote to the committees that several of the requested materials ‘require review for classification and protection of national defense information.’

The DOJ also said it was standard practice to review and share the materials with the executive branch since they may contain confidential information. 

‘Such confidentiality interests may include, for example, protecting against the unwarranted invasion of privacy of third parties whose names may appear in law enforcement records. We have already begun this process,’ the DOJ said in its Feb. 16 letter to the House committees. ‘The Department is committed to responding to the Committees’ requests expeditiously, consistent with the law, longstanding Department policies and principles, and available resources,’ the DOJ added.

Hur, who released his report to the public earlier this month after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn’t bring charges against Biden even if he were not in the Oval Office.

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated ‘sensitive intelligence sources and methods.’

Hur did not recommend any charges against the president but did describe him as a ‘sympathetic, well-meaning elderly man with a poor memory’ — a description that has raised significant concerns for Biden’s 2024 re-election campaign.