DOJ Refuses Release of Biden-Hur Interview Recordings Under FOIA

 July 21, 2024

The Justice Department stands firm against releasing key audio recordings.

According to Washington Examiner, the Department of Justice resists disclosure of interview audios between President Joe Biden and former special counsel Robert Hur, as sought by multiple institutions under the Freedom of Information Act.

The recordings in question originated from a significant interview conducted by Robert Hur, concerning President Joe Biden. This dialogue, captured on tape, is now at the center of a heated debate involving privacy, ongoing investigations, and executive authority. Although the transcript of this interview was publicly released by the DOJ in March, the audiotapes remain confidential.

Battle Over Records Raises Legal and Ethical Questions

Concerns about the withheld recordings extend beyond basic curiosity. They were requested through FOIA by Judicial Watch, the Heritage Foundation, and a media coalition spearheaded by CNN, which includes several prominent news organizations.

Their contention underscores a broader discourse on transparency and accountability in government.

Attorney General Merrick Garland has faced intense scrutiny, fending off both a subpoena and a contempt vote from Congress regarding this issue. These attempts signal an escalating pressure on the Justice Department to unveil materials deemed crucial by lawmakers and the public alike.

The stance of the DOJ hinges on the argument that releasing these recordings could undermine privacy and disrupt the cooperation of witnesses in ongoing or future inquiries. As stated by DOJ attorneys, the audio cannot be disclosed under FOIA's guidelines, emphasizing potential "unwarranted privacy harms” and interference with witness cooperation.

Executive Privilege Complicates FOIA Requests

Adding complexity, the White House invoked executive privilege in mid-May, a move that effectively shields the recordings from public release. This declaration has been critical in stalling the recordings' disclosure, positioning privacy and executive confidentiality against public interest and transparency.

During the interview, Robert Hur noted President Biden's demeanor as a “well-meaning elderly man” with noticeable memory limitations. This observation influenced Hur's decision against prosecution, suggesting that the contents of the tapes could provide more context to Biden's capabilities and state during the interview.

The plaintiffs in this escalating legal battle have been given a deadline until August 1 to respond, as mandated by Judge Timothy Kelly. This ongoing litigation underscores the complexities and tensions inherent in handling high-profile FOIA requests involving top national leaders.

Tom Fitton, representing Judicial Watch, expressed a strong critique of the DOJ's stance, indicating the Department's extreme measures to prevent disclosure seemed particularly aimed at shielding President Biden. Fitton's statement reflects a growing frustration among the groups pushing for transparency, “The Department of trying to blow up FOIA to protect Joe Biden on a campaign issue... I haven’t seen a desperate effort like this to avoid disclosure.”

Conclusion

The withholding of these audiotapes by the DOJ under claims of privacy, executive privilege, and potential harm to witness cooperation has sparked a significant legal standoff.

The outcome of this dispute could have profound implications for public access to governmental information and the scope of executive power in shielding sensitive materials.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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