President Donald Trump rejected former President Joe Biden's assertion of executive privilege over documents requested by Senate committees, ordering their release to Congress.
White House Counsel David Warrington informed the National Archives and Records Administration on Monday that Trump does not uphold Biden's claim, deeming it "not in the best interests of the United States." The decision clears the way for NARA to provide materials tied to four congressional probes, including investigations into Biden's health and cognitive decline, alleged politically motivated actions against Trump and his allies, and the Biden family's financial dealings.
Warrington's letter addresses Biden's prior assertions of privilege in notifications to NARA dated October 22 and December 3, 2025, following the agency's December 10 alert to the White House. Among the records are those sought by the Senate Permanent Subcommittee on Investigations concerning an alleged cover-up of Biden's "health and cognitive decline," including the use of an autopen to sign official documents without his full awareness. The Senate Judiciary Committee requested documents on two related matters involving "coordinated efforts by the Biden administration against President Trump and his staff through politically motivated investigations."
The letter argues that executive privilege, intended to protect presidential decision-making, should not shield evidence of efforts to "imprison his opponent" or assist in "his son’s shady business deals," referencing Hunter Biden's role at a Ukrainian energy firm during Joe Biden's vice presidency. Warrington directed NARA to release the specified pages to the requesting committees.
This marks the second time the Trump administration has overruled Biden on privilege for autopen-related files, following a December 2025 rejection. Concerns about Biden's mental fitness intensified after his June 2024 debate performance against Trump, prompting his withdrawal from the reelection race and fueling Republican-led probes into potential concealment by aides.
Biden has denied misuse of the autopen, stating in June 2025: "Let me be clear: I made the decisions during my presidency... Any suggestion that I didn't is ridiculous and false." Fox News Digital reported no immediate response from Biden representatives or NARA.
Republicans view the release as vital to congressional oversight, contrasting it with the Biden administration's prior decisions against Trump's privilege claims on January 6 records. The documents could provide new insights into Biden-era operations amid ongoing Senate scrutiny.
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