In a rare occurrence in contemporary American politics, CNN has initiated a legal fight for public access to the audio recordings of President Joe Biden’s interview with federal investigators. The interview was led by former Special Counsel Robert Hur, probing the handling of classified documents after Biden’s tenure as Vice President.
The crux of the issue involves the five-hour interview between President Biden and Hur. This event is one of the few instances when a sitting president has been examined by a prosecutor for possible charges. Hur’s broader investigation, which ended without enough evidence to accuse Biden of criminal mismanagement of records, sparked a debate about the completeness of public records when the Justice Department released transcripts but not audio recordings of the interview.
The legal challenge by CNN, lodged with the DC District Court, is an attempt to force the Department of Justice to release the audio recordings. The news channel’s argument is that “Transcripts, however, are no substitute for recordings.” CNN’s pursuit highlights a wider quest for transparency, enabling the public and media to draw their own conclusions about Hur’s findings and Biden’s depiction as a “sympathetic, well-meaning, elderly man with a poor memory.”
However, CNN is not alone in its contention. Nearly a dozen other media outlets, along with groups like the conservative Heritage Foundation and Judicial Watch, also seek access to the recordings. This collective pursuit underscores an increasing demand for government transparency and the public’s role in holding leaders responsible.
Robert Hur’s investigation and subsequent comments at a congressional hearing stressed the importance of the recordings in his decision-making procedure. He stated that the audio provides essential insights into Biden’s demeanor and thought processes that cannot be fully captured in transcripts. This argument strengthens the case for the release of the recordings, suggesting they contain crucial evidence that could shape public comprehension of the investigation’s results.
The Biden administration, on the other hand, has contested Hur’s portrayal of the president, challenging the depiction of Biden’s memory and cognitive capabilities. In the released transcripts, Biden displayed moments of confusion over dates and details, including the years of his vice presidency and the death of his son, Beau Biden.
Beyond CNN’s lawsuit, House Republicans have intensified their call for transparency. The Chairmen of the House Judiciary Committee, Jim Jordan of Ohio, and the Oversight Committee, James Comer of Kentucky, outlined their position in a letter sent to Attorney General Merrick Garland on March 25.
The Chairmen warned that the Justice Department could face contempt proceedings if it fails to provide subpoenaed materials from Robert Hur’s investigation. They singled out the lack of audio recordings from Hur’s interview with President Biden and both the transcript and audio recordings from Hur’s discussions with Mark Zwonitzer, Biden’s ghostwriter, as examples of withheld information.
The Chairmen’s letter to Attorney General Garland stressed that the subpoenas issued on February 27 legally obligate the Attorney General to provide the requested materials. They set a fresh deadline of April 8, 2024, at noon for complete compliance with their request. They warned that if this deadline was not met, the committees may consider further measures, including potentially starting contempt of Congress proceedings.
As CNN and others continue their legal battle, the case focuses on issues of privacy, public interest, and the right to information. It raises questions about striking a balance between safeguarding sensitive information and ensuring that voters are thoroughly informed about their leaders’ actions and character.
The legal pursuit also highlights the unconventional nature of the Biden interview, a rare instance of a sitting president participating directly in a prosecutorial investigation into his behavior. This is in sharp contrast to former President Donald Trump, who faced numerous investigations but never participated in such an interview.
