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.
TRUMP ALLY STEVE BANNON LOSES APPEAL ON CONTEMPT CONVICTION AS HE FIGHTS TO STAY OUT OF PRISON
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.
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Sen. Ron Wyden, D-Ore., suddenly found himself on the defensive at a budget hearing on Wednesday when, amid levying accusations of the Trump administration’s “corrupt” dealings, Treasury Secretary Scott Bessent fired back by bringing Wyden’s son’s investments into the exchange.
“We would like to hear what Adam Wyden and Jeffrey Epstein talked about,” Bessent said, referring to unearthed emails drawing a connection between the senator’s son and the disgraced financier.
“Did your son and Jeffrey Epstein talk about pole dancing as he begged him for money?”
The moment continues the political fallout for the many names associated with Epstein that — despite not amounting to proof of wrongdoing — continue to prompt embarrassment and scandal at even the smallest mention.
TOP FIERY MOMENTS AS DEMOCRATS CLASH WITH TREASURY SECRETARY BESSENT IN CHAOTIC HILL HEARINGS
Treasury Secretary Scott Bessent, left, pictured along Sen. Ron Wyden, D-Ore, right. (Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)
Epstein, a former financier, died while in prison on charges of sex trafficking minors in 2019, leaving behind questions of whether he facilitated illegal sexual encounters for his vast network of rich and powerful figures.
Amid public demands for transparency on the matter, the Department of Justice released troves of documents on Epstein late last year, unveiling a slew of new names with all manner of ties to the infamous figure ranging from purely innocuous to alarming.
Among them, emails surfaced indicating that Adam Wyden, Ron Wyden’s son, went to Epstein, hoping to gain his support for a business venture.
UNEARTHED EMAILS REVEAL DEM SENATOR’S SON WANTED EPSTEIN TO JOIN HIS FUND: ‘ENJOYED OUR CONVERSATION’
Sen. Ron Wyden leaves a Senate Democratic meeting at the U.S. Capitol Building in Washington, D.C., on Oct. 3, 2025, as the federal government shuts down after Congress and the White House failed to reach a funding deal. (Kevin Dietsch/Getty Images)
“Jeffrey, I wanted to thank you for taking the time to meet with me. I thoroughly enjoyed our conversation and hope my passion and dedication for my business came through in the meeting. I live and breathe this business and take my returns, integrity and reputation quite seriously,” the younger Wyden said in an email in April 2016.
“I intensely appreciate like-minded individuals and would very much look forward to having you join us at the fund.”
The emails came after Epstein pleaded guilty to soliciting a minor for prostitution in Florida in 2008.
It’s unclear what the business venture discussed by Adam Wyden and Epstein may have been or what, specifically, had been discussed in their conversations.
Even so, Bessent reminded viewers that the younger Wyden had a history of investing in off-color markets at Wednesday’s hearing.
DEMOCRATS ARE HAMMERING REPUBLICANS ON EPSTEIN, BUT ONE SENATOR BRUSHED OFF THE ISSUE YEARS AGO
Treasury Secretary Scott Bessent addresses a press conference in Rosenbad after trade talks between the U.S. and China concluded in Stockholm, Sweden, on July 29, 2025. (Magnus Lejhall/TT News Agency/AFP via Getty Images)
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“Your son’s largest investment position was Rick’s Cabaret,” Bessent said, referring to a series of strip clubs.
Wyden, who has widely panned the Trump administration and its many officials for their own connections to Epstein, didn’t respond to Bessent’s jabs.
As election officials continued tallying ballots Wednesday, Republican Steve Hilton and Democrat Xavier Becerra continued to lead in the unsettled race to replace termed-out Gov. Gavin Newsom, with billionaire Democrat Tom Steyer hoping for a surge in late-arriving votes to push him into one of the top-two spots to advance to the November general election.
Hilton, a British immigrant and former Fox News commentator, told reporters outside the state Capitol in Sacramento Wednesday morning that he was “very encouraged” by the latest results, though he stopped short of declaring victory.
“It does look as if change is coming to California, and that is good news for everyone, every small business, every working family, everyone who wants to see our state set back on track,” he said.
Becerra and Steyer did not hold public events as of Wednesday afternoon.
Election data analyst Paul Mitchell said it would be nearly mathematically impossible for Steyer to close the gap.
“As we start to get more data, the runway is going to get shorter and shorter,” he said.
He said Steyer, to finish in the top two in the primary, would have to get about 30% of the remaining uncounted votes while Becerra would need to be limited to 15%. The self-funded billionaire has “a very high hill to overcome, and the challenge gets steeper and steeper as we get more data from the counties,” Mitchell said.
Once mired near the bottom of a crowded pack of Democrats in opinion polls, Becerra, a former Biden administration cabinet member, rocketed ahead of his rival candidates after former Rep. Eric Swalwell dropped out of the race in April amid allegations of sexual assault and misconduct. The scandal triggered an upswing of voter interest in California’s once sluggish governor’s race and in Becerra, who seized the moment.
“Here in Hollywood’s hometown, we love a good underdog story,” Becerra told cheering supporters at his election night party at La Plaza de Cultura y Artes in downtown Los Angeles.
Becerra spoke about his Mexican immigrant parents and becoming the first in his family to attend college. Though a longtime California politician, Becerra said that his campaign for governor was outspent and that he faced calls to drop out of the race.
“The underdog stayed in the fight,” he said. “Like my parents, I never gave up. … Never stopped believing in the beacon-light goodness of California and thankfully, neither did you.”
Steyer, who spent more than $216 million of his wealth on the race, has not conceded defeat.
His campaign manager, Heather Hargreaves, wrote in a letter to supporters Wednesday that “we’re going to give democracy time to work. County election officials are still counting ballots and don’t expect to know how many people voted in total until” Thursday, when officials are required to report the estimated number ballots left to process.
The billionaire former hedge fund owner campaigned against the corporate and special interests that have a powerful presence in Sacramento and often spend heavily in elections, including this year against Steyer.
Billionaires “do everything they can to hoard their wealth and avoid paying taxes, and we see corporations continue to rig the system for themselves — raising your prices to juice their profits. Screw that,” Steyer said at his election watch party at the Regency Ballroom in San Francisco.
Other candidates in the race included Republican Riverside County Sheriff Chad Bianco and Democrats including former Rep. Katie Porter, San José Mayor Matt Mahan, former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond.
Villaraigosa, Mahan and Porter conceded the race Tuesday night.
California’s 2026 race for governor started slow but ended with a flourish, including the demise of a scandal-ridden Democratic favorite, the anointing of a Republican by Trump and Becerra’s unexpected rise from the depths of the candidate field.
Unlike gubernatorial elections in the last quarter of a century, this year’s race lacked a clear crowd-pleasing front-runner able to win over voters, such as movie star Arnold Schwarzenegger or Jerry Brown, a sage of the California electorate and scion of a storied political family. But it unfolded at a time when the state’s residents are overwhelmed by high housing costs, steep gas prices and overall unaffordability that threatens the “California dream” that once drew millions of people to the state.
“Normal people are not living and breathing politics on a daily basis,” said Tim Rosales, a strategist who ran Republican John Cox’s unsuccessful 2018 gubernatorial campaign. In today’s information-saturated environment, Rosales said, the race and its roster of “extremely milquetoast candidates” didn’t break through until the Swalwell scandal grabbed voters’ attention.
The 2026 gubernatorial primary has been one of the most unpredictable and expensive in decades and a race that was shaped early on by a number of heavyweight Democrats staying on the sidelines.
Though supporters urged them to run, former Vice President Kamala Harris, Sen. Alex Padilla and Atty. Gen. Rob Bonta passed on the race. It was in a state of limbo for months last year as Harris, one of the state’s most high-profile politicians, weighed whether to jump in.
“I don’t ever recall a playing field that looks like this one. Usually there’s a clear front-runner,” said veteran Democratic strategist Darry Sragow. “It’s easy to say that it reflects a lack of talent [but] that’s absolutely not true. Almost any of the candidates running could make a good governor.”
Still, candidates struggled for months to break through to voters.
In February, polls showed the crowded field of Democrats splitting liberal voters and opening a statistical possibility that the party would be boxed out of November under California’s open, top-two primary, which places all candidates on the same ballot. Only the first- and second-place finishers in the primary advance to the general election, regardless of their party affiliation.
Just when Swalwell appeared on the cusp of becoming the Democratic front-runner the San Francisco Chronicle and CNN published allegations that he sexually assaulted a former staffer and acted inappropriately with other women. Swalwell suspended his campaign.
It was Becerra who benefited the most. In less than two months, he vaulted from polling in the low single digits to the top of the field of candidates, according to surveys conducted by UC Berkeley’s Institute of Governmental Studies that were co-sponsored by the Los Angeles Times.
“Becerra caught lightning in a bottle,” Rosales said. “It could have easily gone to any of the other candidates,” but many had baggage. Videos of Porter losing her temper hurt her image, the source of Steyer’s wealth and his unbridled campaign spending weighed on voters’ minds, and Villaraigosa and Mahan were “more centrist than what most Democrats wanted, and so Xavier Becerra was really the safe choice,” Rosales said.
Before Democratic voters began to narrow down their choices, Trump endorsed Hilton in early April. It helped the former Fox News host break away from Bianco, his main GOP rival.
In the days before the primary election, the race solidified into a three-way contest involving Becerra, Steyer and Hilton.
Steyer stepped up his fight in the remaining days, seeking to squeeze into one of the top two spots by battering Becerra in ads and at campaign rallies as a politician propped up by corporate special interests.
“We cannot afford to have a governor who’s been bought off by Big Oil. Period,” he said at a Sunday rally in Los Angeles.
Corporations, along with labor unions and interest groups including the California Assn. of Realtors, had spent more than $18.7 million to boost Becerra, according to the election spending tracker California Target Book. Many of the same groups also gave money to a committee intended to attack Steyer.
As the election neared, Becerra sharpened his attacks against Steyer, calling the billionaire a “liar” and accusing him of trying to buy the election.
“We are not going to let a billionaire or Trump’s handpicked candidate take over this state,” he said during a Sunday rally in Long Beach.
If Becerra faces off with Hilton in November he’ll have a distinct advantage. Democratic voters outnumber Republicans nearly 2 to 1 in left-leaning California.
Winning the general election would make the 68-year-old Becerra the first elected Latino governor of California. At roughly 40% of the state’s population, Latinos are California’s largest ethnic group but have not been represented in the governor’s mansion since 1875, when then-Lt. Gov. Romualdo Pacheco was elevated to fill a 10-month vacancy.
Times staff writers Iris Kwok, Susanne Rust, Andrew Khouri and Christopher Goffard contributed to this report.
new video loaded: Steve Hilton Holds Slim Early Lead in California Governor’s Race
transcript
transcript
Steve Hilton Holds Slim Early Lead in California Governor’s Race
Steve Hilton, a Republican and former Fox News host, held a narrow lead in early votes over two Democratic opponents in California’s nonpartisan primary for governor. The top two candidates will advance to the general election in November.
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“Change is coming to California, and it’s long overdue. I want to just say something from my heart to every single person who’s voted for me. We’re not — We’re not there yet, but it’s looking good.” [cheers] “Tonight, the people of the great state of California, in the greatest nation on earth, have spoken. [cheers] Loudly and proudly. [cheers] And while I take nothing for granted, there are lots of ballots left to be counted, it appears that we are on track to advance to November.” [cheers] “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re going to give democracy a time to work, and we know we finished really strong.” [cheers]
By Axel Boada
June 3, 2026
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