Assistant Attorney General Carlos Felipe Uriarte stated in a letter that the Department of Justice has already provided the House committees with the necessary information, and will not be providing audio tapes of President Joe Biden’s interview with Special Counsel Robert Hur, as requested by the House GOP. Despite cooperating with previous subpoenas, Uriarte expressed disappointment in the committees’ escalation and threats of criminal contempt. He urged the committees to seek compromise rather than conflict, emphasizing that the DOJ has fulfilled their requests and further demands may jeopardize future cooperation. Additionally, Uriarte requested that any materials obtained from the DOJ not be made public without prior consultation. The DOJ’s stance is that the committees have been given all the information they need, and any additional requests must be clearly justified.
As of 2022, Biden’s possession of classified documents in his Delaware garage was not considered a prosecutable offense due to his status as vice president and president, granting him the authority to keep such documents in his home.
However, the strongest case for charges would be based on Biden’s possession of Afghanistan documents in his Virginia home in February 2017, when he was a private citizen. During this time, he informed his ghostwriter that he had come across classified material.