Justice Department does not turn over Hur-Biden interview transcript despite House subpoena

The Justice Department has not turned over transcripts or audio recordings of Special Counsel Robert Hur’s interview with President Biden despite a subpoena requesting that they were to be provided by Thursday, March 7, the House Judiciary Committee says. 

The development comes after Republicans leading an impeachment inquiry into the President’s mishandling of classified documents wrote a letter to Attorney General Merrick Garland in February notifying him of the subpoena. 

"We received a small production from DOJ, but not the transcripts or audio that we need and requested," House Judiciary Committee spokesman Russel Dye told Fox News on Friday. "Our staff has all necessary clearances to review the contents of the President’s interview, which dealt with materials found in unsecured areas like garages, closets and commercial office space.  We are evaluating next steps."   

A source familiar with the subpoena told Fox News late last month that the deadline to hand over the materials was March 7 at 9 a.m. ET.   

DOJ REVIEWING BIDEN, HUR INTERVIEW TO IDENTIFY POTENTIAL CLASSIFIED INFORMATION IN RESPONSE TO HOUSE GOP DEMANDS 

Special Counsel Robert Hur's report calling out President Biden's "poor memory" sparked newfound media coverage of the leader's mental capacity in office.  (Reuters/Getty Images)

A spokesperson from the Justice Department then said Thursday that "The Department has been in touch with the Committees and anticipated responding to their subpoenas today." 

In a response obtained and viewed by Fox News, the DOJ added: 

"We urge the Committee to join us in seeking to avoid conflict when there is, in fact, cooperation." 

"Given this record, we are disappointed that the Committee chose to serve a subpoena less than three weeks after Mr. Hur’s report was transmitted to Congress and only seven business days after the Department made clear it was working expeditiously to respond in good faith to congressional requests on this matter. This compressed time frame is not reasonable given the standard interagency review process the Department explained to the Committee." 

"Your subpoena is premature and unnecessary given the amount of information the Committee has already received and the Department’s proactive efforts to prepare for responding to congressional requests on this matter."

In the letter sent to Garland in February, which was signed by House Oversight Committee Chair James Comer and House Judiciary Committee Chair Jim Jordan, they wrote that their 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."   

"The Committees are concerned that President Biden may have retained sensitive documents related to specific countries involving his family's foreign business dealings," they added. 

DOJ DEFENDS SPECIAL COUNSEL REPORT ON BIDEN’S MEMORY 

President Joe Biden speaks in the Diplomatic Reception Room of the White House on Thursday, February 8, in Washington, D.C., following the release of Hur's report. (AP/Evan Vucci)

Hur, who released his report on the matter to the public in February 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 described Biden 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.  

Hur, in his report, did not recommend criminal charges against Biden for mishandling and retaining classified documents. (Chip Somodevilla/Getty Images)

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Hur will testify publicly about his report on March 12 before the House Judiciary Committee. 

Fox News' Brooke Singman and Tyler Olson contributed to this report.