Joe Biden’s administration repeatedly attacked the concept of executive privilege. For President Donald Trump.
Among other ways, officials then used their new standard against Trump in their fight over documents that he held from his presidency.
A report at Redstate explained, “We now know that the heavily politicized agency was just seeking to establish a predicate for the DOJ to charge Trump with a crime. That led to the infamous Mar-a-Lago raid, Trump’s arrest, and years of litigation. We all know how that story ended, but it only ended that way because Trump won the presidency. If he hadn’t, Biden and company would have almost certainly gotten away with their gambit.”
But now that Biden standard has been applied to Democrats, from Biden’s own entourage, who have been summoned to testify before Congress regarding Biden’s mental capabilities, or lack thereof, and to provide details about just who was running the country during Biden’s decline.
Trump’s White House counsel sent a letter to Biden aide Neera Tanden this morning, as she appears before the House Oversight Committee amid a probe into Biden’s mental fitness as president — The letter argues that asserting executive privilege is “not justified” because of the… pic.twitter.com/jWaTNBgdVz
— Shelby Talcott (@ShelbyTalcott) June 24, 2025
In came in a letter to Neera Tanden, one of Biden’s advisers, who was scheduled to testify.
It makes clear that executive privilege claims are “not justified.” And it authorizes Tanden to speak openly about the condition Biden was in.
The letter is from the White House counsel.
“In light of unique and extraordinary nature of the matters under investigation, President Trump has determined that an assertion of executive privilege is not in the national interest and therefore is not justified, with respect to particular subjects within the purview of the House Oversight Committee. These subjects include your assessment of former President Biden’s fitness for the office of the president and your knowledge of who exercised executive powers during his administration.”
The letter went on, “Evidence that aides to former President Biden concealed information regarding his fitness to exercise the powers of the president – and may have unconstitutionally exercised those powers themselves to aid in their concealment – implicates both Congress’ constitutional and legislative powers. The Constitution of the United States empowers Congress with the ability to remove the president under the 25th Amendment when the vice president and cabinet attempt to remove a president unable to perform the duties of the office.”
The letter is from Gary Lawkowski, deputy counsel to the president.
The report explained, “This is what happens when you govern with the assumption you’ll never lose power again. When Biden and his handlers started setting norms on fire, including those surrounding continuing executive privilege for past administrations, they never imagined that Trump would regain power. On the contrary, the Biden administration believed its nuking of executive privilege would not only keep Democrats in power but would also end up with Trump behind bars.”
And the report noted Biden kept a “different standard” for himself. “Regarding the now-released audio of Biden being interviewed by special counsel Robert Hur, that was protected through the 2024 election by executive privilege.”
