Politics
Biden's 'privilege' claims sound like arguments Trump officials made before getting thrown in jail: attorney
President Biden’s assertion of executive privilege to prevent recordings of his interviews with special counsel Robert Hur from being released shares some similarities with former President Trump’s attempts to use privilege while in the White House, according to one legal expert.
Though transcripts of Biden’s interview with Hur have already been released to a committee, the White House asserted executive privilege to block the audio recordings from becoming public while arguing in lockstep with Attorney General Merrick Garland that “law enforcement files like these need to be protected.”
“The same arguments were made during the Trump years as are being made now. It’s just that the roles are reversed,” former Assistant U.S. Attorney Andrew McCarthy told Fox News Digital.
“For example, during the Mueller investigation, Trump made available Don McGahn, who was the White House counsel. They not only let Mueller interview McGahn at length, but McGahn took voluminous notes of his conversations with Trump, which they also turned over. And then Democrats wanted to subpoena McGahn to come to the House Judiciary Committee, and the Republicans fought it.
BIDEN’S PRIVILEGE CLAIM TO KEEP SPECIAL COUNSEL INTERVIEW UNDER WRAPS A ‘CRUDE POLITICS’ MOVE: EXPERTS
President Biden speaks at the National Museum of African American History and Culture in Washington, D.C., May 17, 2024. (Al Drago/Bloomberg via Getty Images)
“What they said was giving information to an executive branch prosecutor doesn’t waive the privilege as to Congress,” he added. “The Democrats all said that this was an obstruction of justice, that it was outrageous, that he’d already waived the privilege by allowing McGhan to speak to the prosecutor.”
Executive privilege has been around since the earliest days of the country and gives the executive branch the ability to withhold certain internal discussions and documents from scrutiny by the courts and the legislative branch. It allows the president some breathing room for his own deliberations with staff.
“The fact is that since the Republic started, presidents have been withholding information from Congress,” McCarthy said.
Congress has a variety of tools it can use to pry information out of the executive branch, including by holding people in contempt.
“Congress has a whole arsenal of stuff from the Constitution, powers that it can use to fight back and pry information out of the executive branch,” McCarthy said. “You know, you can slash budgets or hold up appointments, and if it gets bad enough, you can start holding people in contempt. … The final option, obviously, is impeachment.”
McCarthy warned, however, that if the president’s party has enough influence in Congress, those efforts can be more challenging.
“If the president’s party has enough sway in Congress that you can stop that arsenal from being used, then the whole thing is just a political calculation,” he said. “Like for Biden here, it’s how much worse would I be hurt by letting the tape come out or the recording come out than by stonewalling. It looks like the tape is so bad, he’s decided that even though he’s going to be damaged by stonewalling, that’s better than letting the tape out.”
McCarthy also highlighted how the media has reacted to Biden’s assertion of executive privilege, saying they’ll report on the matter in an attempt to preserve their integrity and then move on from it to “help Biden bury it.”
“The usual problem that you always have here is that when Republican administrations stonewall, the media gets all whipped up about it, and when Democratic administrations stonewall, they feel like they have to cover it for a day or two so that they can say they covered it but then move on to another subject and help Biden bury it, or at least they’ll try,” he said.
Former President Trump, left, and President Biden (Associated Press )
Garland on Thursday defended Biden’s decision to assert executive privilege, saying the subpoena for audio recordings “is one that would harm our ability in the future to successfully pursue sensitive investigations.”
“There have been a series of unprecedented, frankly, unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent effort to threaten, defund our investigations, and the way in which there are contributions to an atmosphere that puts our agents and our prosecutors at risk,” he added.
“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,” Associate Attorney General Carlos Uriarte wrote in a letter Thursday to GOP Reps. Jim Jordan and James Comer, chairmen of the Committee on the Judiciary and Committee on Oversight and Accountability, respectively.
That “longstanding position,” however, was challenged following Trump’s term in the White House and the Capitol protests Jan. 6, 2021.
Two individuals who served in the Trump administration and raised executive privilege claims — former White House chief strategist Steve Bannon and former Trump adviser Peter Navarro – have been convicted of contempt of Congress and sentenced to serve jail time for their refusal to comply with subpoenas issued by the now-defunct House select committee investigating the Capitol protests.
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Bannon, 70, was sentenced to four months in prison in October 2022 and a $6,500 fine for ignoring a congressional subpoena.
Bannon’s appeal was denied last week after the U.S. Court of Appeals for the D.C. Circuit released a 20-page opinion that said granting Bannon’s appeal would “hamstring Congress’s investigatory authority.”
Bannon claimed he acted on the advice of his legal team and did not intend to break the law. Judge Bradley Garcia wrote the acting on “advice of counsel” defense is “no defense at all.”
The ruling will be appealed, Bannon’s attorney, David Schoen, told Fox News Digital last week.
Schoen noted that Bannon’s attorney at the time he received the subpoena, Robert Costello, advised his client that he was not permitted, as a matter of law, in any way to respond to the notice, saying executive privilege had been raised and that it was not his privilege to waive it. Costello wrote the committee to inform it that Bannon would comply if the panel worked out any privilege issues with former President Trump or if a court ordered him to comply, Schoen said.
Former White House chief strategist Steve Bannon, left, and former Trump adviser Peter Navarro (Getty Images)
Similarly, Navarro, who reported to prison in Miami in March following an order from the U.S. Supreme Court, was charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena demanding his testimony and documents relating to the events of Jan. 6.
Though Navarro is attempting to appeal his contempt of Congress conviction, the court refused to postpone his imprisonment until after the appeal is concluded.
Navarro claimed he could not cooperate with the committee investigating the Jan. 6 attack because Trump had invoked executive privilege, an argument that lower courts have rejected.
The lower courts found that Navarro could not actually prove Trump had invoked executive privilege.
Biden’s decision to assert the privilege, according to White House press secretary Karine Jean-Pierre, came at the request of Garland. Jean-Pierre said it was Garland’s suggestion that “law enforcement files like these need to be protected.”
The House Judiciary Committee on Thursday advanced a resolution to hold Garland in contempt of Congress over the Justice Department’s failure to produce the subpoenaed audio recording of Biden’s interview with Hur. The vote advances the measure for a full floor vote.
Special Counsel Robert Hur, left, and President Biden (Getty Images)
Hur led the investigation into Biden’s handling of classified documents after his departure as vice president under the Obama administration. Hur announced in February that he would not recommend criminal charges against Biden for possessing classified materials after his vice presidency, saying Biden is “a sympathetic, well-meaning, elderly man with a poor memory.”
Hur wrote in the report that “it would be difficult” to convince a jury to convict Biden of any willful crime, citing his advanced age.
The findings sparked widespread outrage that Biden was effectively deemed too cognitively impaired to be charged with a crime but could serve as president. Trump has meanwhile slammed the disparity in charges as a reflection of a “sick and corrupt, two-tiered system of justice in our country.“
Fox News’ Chris Pandolfo, Elizabeth Elkind, Louis Casiano and Emma Colton contributed to this report.
But while that is a new element in the talks, the cultural divide in how to negotiate is not.
That divide was evident 11 years ago, in the gilded halls of the 160-year-old Beau-Rivage Palace Hotel in Lausanne, Switzerland, where Secretary of State John Kerry and his counterparts from five other countries struggled to close a preliminary agreement with Iran. It was, perhaps, the closest analogue to what is unfolding now in Islamabad.
Every day the American delegation would speak about how many centrifuges had to be disassembled and how much uranium needed to be shipped out of country. Yet when Iranian officials — including Abbas Araghchi, now the Iranian foreign minister — stepped out of the elegant, chandeliered rooms to brief reporters, most of the questions about those details were waved away. The Iranians talked about preserving respect for their rights and Iran’s sovereignty.
“I remember we finally got the parameters agreed upon at the hotel,” Wendy Sherman, the chief U.S. negotiator at the time, said on Monday. “And then a few days later the supreme leader came out and said, ‘Actually, some very different terms were required.’”
Ms. Sherman, who went on to become deputy secretary of state in the Biden administration, would go into these negotiations with a large posse. She often had the C.I.A.’s top Iran expert in the room, or nearby. So was the energy secretary, Ernest Moniz, an expert in nuclear weapons design. Proposals floated by the Iranians would be sent back to the U.S. national laboratories, where weapons are designed and tested, for expert analysis of whether the agreements being discussed would keep Iran at least a year away from a bomb.
But Mr. Trump’s negotiating team travels light, with no entourage of experts and few briefings. Jared Kushner and Steve Witkoff, the president’s son-in-law and the special envoy, learned their negotiating skills in New York real estate and say a deal is a deal. They say they have immersed themselves in the details of the Iran program, and know it well.
Politics
Soros-linked dark money network fuels Virginia redistricting push backed by national Democrats
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Virginians for Fair Elections, a main group fighting to get Virginia voters to approve a ballot referendum that will allow the state to redraw its congressional maps, has been pumped with millions in cash from a web of George Soros-backed dark money groups and top Democratic Party officials.
The money the group has garnered ahead of Tuesday’s vote, which is poised to allow Democrats in the House of Representatives to potentially take four seats from Republicans going into the midterms, also comes from leading Democratic Party figures and organizations like Nancy Pelosi and the American Federation of Teachers (AFT).
Other left-wing juggernauts pumping money into the Democratic Party’s redistricting effort in Virginia include the Service Employees International Union (SEIU), Eric Holder’s National Democratic Redistricting Committee, which once championed the adoption of “independent redistricting commissions,” national green energy group the League of Conservation Voters, and the U.S. House of Representatives campaign arm for the Democratic Party, according to a Fox News Digital review of state campaign finance records and records from the Virginia Public Access Project (VPAP), which tracks public spending in Virginia.
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“Dark money is flooding into Virginia,” GOP strategist Matt Gorman told Fox News Digital. “Democrats talked all about the cost of living during the campaign, but all they did once in office was raise taxes and rig elections. It’ll be the same elsewhere across the country in 2026 too.”
A woman casts her vote at a polling place in Burke, Fairfax County, Virginia, in 2026. (Graeme Sloan/Bloomberg)
Fox News Digital reported in March that the left-wing group fighting to redraw Virginia’s maps raised more than $38 million, according to VPAP’s donation totals based on state campaign finance records. As of right before the mid-April referendum vote, just a handful of weeks later, that total ballooned to more than $64 million.
In 2026, the largest giver to Virginians for Fair Elections was House Majority Forward, the nonprofit counterpart of House Democrats’ House Majority PAC, which has donated over $38 million, records show.
Meanwhile, entities directly tied to Soros, or that obtained significant funding which can be traced back to the billionaire Democrat megadonor, come in second and third in terms of total giving to the group, per VPAP’s accounting of donation totals.
One of those groups, the Fund for Policy Reform Inc, was founded by Soros. The other, titled The Fairness Project, has been funded by groups like the Sixteen Thirty Fund, Hopewell Fund and the Tides Foundation, which Soros has given significant funding to.
George Soros pictured on the sidelines of the World Economic Forum in Davos, Switzerland, in January 2020. (Simon Dawson/Bloomberg via Getty Images)
DAVID MARCUS: DESPERATE DEMS TAP OBAMA TO PITCH VIRGINIA GERRYMANDERING LIES
Another one of the top donors to the left’s Virginians for Fair Elections is American Opportunity Action, described as “a pure pass-through entity” by Parker Thayer, a dark money expert from the conservative Capital Research Center. The group is so new that it does not even appear to have any 990s filed with the IRS but is still one of Virginians for Fair Elections’ top donors, according to VPAP and state campaign finance records.
Top Democratic Party members of Congress from outside Virginia, including Reps. Nancy Pelosi, D-Calif., Pete Aguilar, D-Calif., and Katherine Clark, D-Mass., also donated tens-of-thousands of dollars, according to a review of state campaign finance records. Democratic Virginia Sen. Tim Kaine’s leadership PAC donated $100,000 as well, while the Democratic Party of Virginia put up just shy of a million dollars, per VPAP’s accounting.
Meanwhile, a group founded by Obama wingman Eric Holder, who previously championed “independent redistricting commissions,” provided a more than $10,000 in-kind contribution to the left-wing redistricting group, state election filings show. The League of Conservation Voters, and the Soros-backed MoveOn.org were also among Virginians for Fair Election’s top donors. In terms of labor union support, SEIU gave half-a-million, while AFT gave $100,000.
CBS HOST PRESSES FORMER AG ON DEFENDING PARTISAN REDISTRICTING EFFORTS IN VIRGINIA
Fox News Digital reached out to Soros’ Open Society Foundations and the other top donors pumping thousands or millions into the redistricting battle, but did not receive a response ahead of publication.
“No one wanted to take this action, but in a democracy, we can’t let entire states rig their congressional maps just to bend to the will of one person,” Alexis Magnan-Callaway, a spokesperson for The Fairness Project, told Fox News Digital in March.
“We have to respond. This amendment is a temporary, one-time exception that gives Virginia voters a voice and meets the needs of the current moment, while ensuring Virginia’s bipartisan redistricting process will resume after the 2030 census,” she continued. “This isn’t about favoring one party over another. This is about restoring fairness across the board by temporarily changing Virginia’s congressional districts.”
A main group in Virginia opposing the redistricting effort led by Democrats, Virginians For Fair Maps, raised a little over $3 million at the time of Fox News Digital’s late March report. However, the right-wing redistricting group in Virginia appears to have gained some ground since then as well, albeit still far behind the left’s Virginians for Fair Elections funding totals.
As of just before the referendum vote Tuesday, the anti-redistricting referendum group raised its fundraising total to nearly $20 million, with most of that money coming from a group by the same name that is also a significant donor to the Virginia Republican Party.
Other donations to the group come from a series of several much smaller donors, such as $50,000 from the National Shooting Sports Foundation and $100,000 from a wealthy D.C.-area real-estate investor, who donates primarily to GOP campaigns. That investor is the top individual donor at $100,000 out of just a handful of individual contributions, according to VPAP.
Virginia Gov. Glenn Youngkin speaks during the Faith & Freedom Coalition’s Road to Majority Policy Conference at the Washington Hilton on June 22, 2024 in Washington, DC. (Samuel Corum/Getty Images)
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Former Virginia Gov. Glenn Youngkin, a Republican, has reportedly given more than $500,000 in efforts against the redistricting measure, per reporting from the Virginia Scope. He also has been a leading voice in Virginia holding events to campaign against the measure despite no longer being in office.
Wealthy tech entrepreneur and Republican donor Peter Thiel has reportedly donated to Justice for Democracy PAC, which has been part of the anti-redistricting effort alongside Virginians for Fair Maps as well.
The most unpredictable California governor’s race in recent history took another set of dizzying turns on Monday, with former Health and Human Services Secretary Xavier Becerra surging after former Rep. Eric Swalwell dropped out in the face of sexual assault and misconduct allegations, and former state Controller Betty Yee ending her bid.
The race to replace termed-out Gov. Gavin Newsom is the first in a quarter of a century with no clear front-runner and a sprawling field of candidates who have been jockeying for the attention of Californians, who are just beginning to pay attention to the campaign two weeks before ballots arrive in their mailboxes.
“I certainly could not have imagined the twists and the disturbing turns that this race has taken,” Yee said as she announced she was dropping out. “But through it all, my values and my vision for California has never wavered.”
A poll released Monday by the state Democratic Party — its first since Swalwell (D-Dublin) dropped out — showed Becerra’s support jumped nine points to 13%, placing him in a tie with Tom Steyer, the billionaire hedge fund founder turned environmental warrior. Former Rep. Katie Porter of Orange County saw a slight bump to 10% from 7%, while the remaining Democrats in the contest were mired in the low single digits.
The party began the surveys out of concern that Democrats could be shut out of the governor’s race because of California’s unique primary system, where the top two vote-getters in the June 2 primary move on to the November general election regardless of political party.
“I continue to believe there are too many Democrats in the field,” California Democratic Party Chairman Rusty Hicks told reporters Monday. “My call for candidates to honestly assess the viability of their candidacy and campaigns still stands, especially if you are stalled in the single digits, seeing financial resources dry up and/or are failing to pick up additional support.”
Hicks and other party leaders and allies had unsuccessfully urged low-polling candidates to reconsider their candidacies before the filing deadline in an attempt to cull the field and avoid splintering the Democratic vote. Though most did not name candidates who they thought should think about their viability, Yee was widely believed to be among them.
Yee became emotional as she said on Monday that she decided to withdraw from the race because she wasn’t able to raise the resources necessary to compete in the state. She also said her message of competency and experience wasn’t resonating among voters who were seeking a fiery foil to President Trump, not “Boring Betty,” as she dubbed herself. Yee said she would assess the field before making an announcement on whether she would endorse one of her fellow Democrats.
Becerra was another candidate believed to be a target of party leaders’ efforts to shrink the field. But he held on and apparently benefited from Swalwell’s downfall.
“I’m not the richest candidate, I’m not the slickest candidate, but I am the guy that’s got you,” Becerra said, rallying supporters in Los Angeles on Saturday.
The audience was filled with members of labor groups backing the longtime politician, and Becerra told them he’d serve as a “union man” in the governor’s office.
Pro- and anti-Becerra forces tussled outside the town hall after two people, who declined to identify whom they were working for, passed out fliers highlighting critical media investigations of the U.S. Department of Health and Human Services during the migrant crisis when the agency was led by Becerra.
Pro-Becerra attendees grabbed the fliers and told the men to go away, prompting a security guard to intervene.
The question is whether Becerra, who also served as state attorney general, a member of Congress and a state Assembly member, can raise the funds necessary to compete in a state with some of the nation’s most expensive media markets. And he was tied in the state party poll with a billionaire who dumped an additional $12.1 million of his own money into his campaign last week.
Steyer’s total investment in his bid reached $133 million, according to the California secretary of state’s office. He also received the endorsement of Our Revolution, a progressive political organization founded by U.S. Sen. Bernie Sanders (I-Vt.).
“We’ve never endorsed a billionaire — but Tom Steyer is using his position to upset the system,” the group posted on X on Monday. “As Our Revolution executive director Joseph Geevarghese told @theintercept, ‘He’s been a partner in the movement. Most billionaires have used their wealth and privilege to lock in the status quo. Tom is doing the opposite.’”
San Jose Mayor Matt Mahan, who is also running for governor, accused Steyer of hypocrisy for the hedge fund he founded profiting from investments in private prisons being used to house ICE detainees, and Steyer calling for the abolishment of ICE.
Steyer got “rich investing off the ICE infrastructure he now wants to abolish,” Mahan posted on Instagram.
Steyer, who sold his stake in the hedge fund in 2012, has said he ordered the company to divest from the private prison company and has repeatedly expressed remorse about his former firm’s ties with the detention company.
Mahan also appeared Monday at a Hollywood production lot to announce his proposal for a special fund to lure sporting events, concerts and other productions to California as part of his plan to help the struggling film and television industry.
An independent effort supporting Mahan has also raised roughly $11 million since Swalwell left the race.
Mehta reported from Los Angeles and Nixon from Sacramento. Times staff writer Dakota Smith contributed to this report.
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