Trump orders the release of Biden’s privileged documents to direct Congress

INTERMEDIATE: President Donald Trump has dismissed former President Joe Biden’s assertion of privileged access over documents requested by the Senate as part of a multi-pronged investigation into the 46th president, ruling that it is “not in the interests of the United States.”

The White House lawyer, David Warrington, wrote on Monday in a letter written to the National Archives and Records Administration (NARA) and obtained by Fox News Digital that Trump “does not support the assertion of the former President’s privilege” about the records sought in four congressional proceedings. The letter directs NARA to provide materials to Congress.

The dispute centers on documents related to the investigation into Biden’s life, the allegedly politically connected investigation of Trump and his associates, and the financial discussions of the Biden family, which Republicans say go to the heart of Congress’s constitutional authority to govern.

The letter came in response to a communication from NARA on December 10 informing the White House that the former president had asserted privilege over the requested materials.

Warrington said the assertion was “unfair” about documents referenced in two letters Biden sent to NARA on Oct. 22 and December 3.

The first section of the documents includes a request from the Senate Subcommittee on Investigations for records related to what the letter described as “the cover-up of the health and mental decline of former President Biden.”

“The autopen abuses that occurred during the Biden Presidency, and the extraordinary efforts to protect President Biden’s diminishing public abilities, must be documented to ensure that nothing similar will happen again,” Warrington wrote, citing an earlier letter.

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Biden also asserted privilege over two requests by the Senate Judiciary Committee regarding “coordinated efforts by the Biden administration against President Trump and his staff for politically-related investigations.”

The White House said that “constitutional protections of privilege should not be used to protect from Congress evidence of the President’s efforts to imprison an opponent.”

A third set of documents related to “the Biden family’s financial dealings and possible conflicts of interest,” the letter notes, refers to Biden’s use of private email accounts and his work in Ukraine as vice president while his son Hunter Biden held a high-paying position on the board of an energy company there.

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Hunter Biden, son of President Joe Biden, speaks to reporters at the US Capitol, in Washington, Wednesday, December 13, 2023. (AP Photo/Jose Luis Magana)

Warrington acknowledged that the Supreme Court has recognized executive privilege as protecting the president’s decisions and decisions but said he was “not aware of a Supreme Court decision or constitutional text that extends those protections to former President Biden’s efforts to help his son’s business deals,” emphasizing the fight over the expansion of Congressional officials’ privilege.

“President Trump is directing that he provide these congressional committees with pages identified as privileged by the former President,” Warrington wrote.

Warrington previously denied a privilege request by Biden regarding documents related to the Biden administration’s use of the autopen, Fox News Digital exclusively reported in December. Biden has denied allegations that official presidential documents were signed by autopen without his knowledge, dismissing them as “ridiculous.”

Then-President Donald Trump shakes hands with then-President Joe Biden at Trump’s inauguration in the Capitol Rotunda on January 20, 2025, in Washington. (Kenny Holston-Pool/Getty Images)

“Let me be clear: I made decisions when I was president. I made decisions about pardons, executive orders, laws, and proclamations,” Biden said in a statement in June as Trump and Republicans were heard lamenting what they said was a scandal. “Any suggestion I didn’t make is stupid and false.”

Concerns about Biden’s mental health had been simmering for years before reaching a boiling point in June 2024.

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Republicans lamented that Biden’s mind appeared to be slipping ahead of the 2020 election cycle. The media and longtime Democratic allies of Biden joined conservatives in their alarm following Biden’s failed debate against Trump in the early summer of 2024.

Biden has dropped out of the race, but investigations and concerns about the Biden administration’s cover-up continue into Trump’s second administration.

Fox News Digital reached out to a representative for Biden and NARA for comment Monday morning.

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