GOP Rep. Cline: 'Very possible' Biden executive privilege claim on Hur tape could go to court

GOP Virginia Rep. Ben Cline, a member of the House Judiciary Committee, said Thursday that Congress could take President Joe Biden's executive privilege claim to court.

"It's very possible that this will end up in court," Cline said on an episode to be aired on the "Just the News, No Noise" TV show. "We anticipate a committee vote and then potentially a House floor vote this week."

Biden on Thursday invoked executive privilege to prevent the release of the recording of his interview with Special Counsel Robert Hur about his retention of classified documents.

This occurred just hours before House Republicans were set to move toward holding Attorney General Merrick Garland in contempt of Congress for not releasing the recordings.

"At the end of the day, the House is going to express its view that Congress is a coequal branch of government," Cline said. "We're entitled to the tapes. They can't pick and choose which transcript or which form of testimony they're going to provide the committee."

Earlier this week, House Oversight Committee Chairman James Comer, R-Ky., announced the markup of a resolution to hold Garland in contempt for not complying with a subpoena.

Garland received subpoenas earlier this year for records, notes, and transcripts regarding Hur’s investigation of President Joe Biden for allegedly mishandling classified information.

"They have to provide it," Cline said. "That's part of being a co-equal branch of government. It's part of our system, and eventually a court will find that."