They waived it when they handed over the transcript.
Mr. Biden conceded that the interview wasn’t privileged, and there’s no legal basis to say that a recording is different from a transcript.
The interview subject didn’t concern his presidential duties or White House deliberations. It concerned his handling of documents while in the Senate, as Vice President, or as a private citizen.
It doesn't protect the Justice Department’s ‘law enforcement investigations’ because that privilege typically attends to a continuing investigation, but Mr. Hur’s work is complete. He has filed his report and closed up shop.
The White House claim of privilege over the recordings isn’t intended to protect executive power. It’s intended to avoid presidential embarrassment. That’s a political goal, not a legitimate legal justification.