Michael Mukasey, George W. Bush's attorney general, joins fight to release Joe Biden interview audio

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Michael Mukasey, George W. Bush's attorney general, joins fight to release Joe Biden interview audio
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Former U.S. Attorney General Michael Mukasey has joined the legal battle to publicly release audio recordings of President Biden's interview with special counsel Robert Hur, saying the Justice Department's argument to withhold them is 'flawed.'

Former Attorney General Michael Mukasey testifies on Capitol Hill in Washington, Tuesday, Jan. 11, 2017, at the second day of a confirmation hearing for Attorney General-designate, Sen. Jeff Sessions, R-Ala., before the Senate Judiciary Committee. Former U.S. Attorney General Michael Mukasey has joined the legal battle to publicly release audio recordings of President Biden’s interview with special counsel Robert Hur, saying the Justice Department’s argument to withhold them is “flawed.

In a letter to Congress, Attorney General Merrick Garland cites Mr. Mukasey’s letter saying that releasing the audio recordings would discourage witness cooperation in the future. “I believe the assertion of executive privilege made here goes well beyond the limits of any prior assertion and is not supported by the 2008 Executive Privilege Letter or other precedents relied upon by the Department,” Mr. Mukasey wrote in a filing in the U.S. District Court in Washington.

He said the audio recordings could help shed more light on why Mr. Hur did not charge the president, despite concluding he “willfully retained and disclosed classified materials.” Earlier this month, all but one House Republican voted to hold Mr. Garland in contempt of Congress, but the Justice Department said it would not prosecute the attorney general for refusing to turn over the audio.

Mr. Hur said a jury would likely not convict the president of mishandling documents because of his faulty memory.

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