The White House has rejected an attempt by former President Joe Biden to use executive privilege to prevent Congress from seeing documents related to investigations that include Biden’s use of the autopen and the Biden family’s financial dealings.
The president determined that such use of executive privilege is “not in the best interests of the United States.”
White House counsel David Warrington sent a letter to the National Archives and Records Administration Monday, saying that President Donald Trump “does not uphold the former president’s assertion of privilege,” according to Fox News.
The letter told NARA to give Congress what it wants.
NARA had informed the White House in December that Biden was asserting executive privilege over a number of documents.
Trump rejects shielding Biden records from Senate probes in executive privilege showdownhttps://t.co/bOW8r5QEuO
— Rapid Response 47 (@RapidResponse47) March 9, 2026
The Senate Permanent Subcommittee on Investigations sought records connected to what the letter called the “coverup of former President Biden’s health and cognitive decline.”
Biden wanted to block two Senate Judiciary Committee requests concerning “coordinated efforts by the Biden administration against President Trump and his staff through politically motivated investigations,” the letter said.
The White House argued that “the constitutional protections of executive privilege should not be used to shield from Congress evidence of a President’s efforts to imprison his opponent.”
A third set of documents related to the “Biden family’s financial dealings and potential conflicts of interest” cannot be kept private, the letter said.
The letter said Biden could not shield documents related to his dealings with Ukraine while his son, Hunter, was on the board of a Ukrainian energy firm.
Warrington wrote that he was “unaware of a Supreme Court ruling or constitutional text that extends those protections to former President Biden’s efforts to assist his son’s shady business deals.”
“President Trump instructs you to provide to these congressional committees the pages identified as privileged by the former President,” Warrington wrote.
Biden had tried to shield other documents related to his autopen scandal, but lost that battle, according to Fox News.
“As President Trump has stated, the abuse of the autopen that took place during the Biden Presidency, and the extraordinary efforts to shield President Biden’s diminished faculties from the public, must be subject to a full accounting to ensure nothing similar ever happens again,” Warrington wrote in December.
“Similarly, President Biden’s repeated abuses of the rights of American citizens during the pandemic and his politically motivated efforts to investigate Members of Congress must also be subject to a full accounting to ensure nothing similar ever happens again,” Warrington wrote then.
In June, I filed a special access request under my authority as Chairman of the Subcommittee on the Constitution.
Behind the scenes, we’ve been fighting President Biden’s assertion of executive privilege. Today, we won.
Time to release the documents.https://t.co/VuNOWkcSlv
— Senator Eric Schmitt (@SenEricSchmitt) December 16, 2025
“Congress has a compelling need in service of its legislative functions to understand the circumstances that led to all these horrific events,” the December letter said.
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