Judge orders Justice Department to stop delaying Biden-Hur tapes.
The Justice Department has come under fire for resisting a federal court’s directive to accelerate the process of determining whether recordings of President Biden’s interviews with then-Special Counsel Robert Hur should be made public. This move has drawn criticism from various advocacy groups who filed a Freedom of Information Act (FOIA) request for the tapes last month.
The Heritage Foundation’s Oversight Project, along with Judicial Watch and CNN, submitted requests for the release of the recordings which have been sought by congressional Republicans through unsuccessful subpoenas. These FOIA requests from the three organizations have been consolidated into a single lawsuit.
In April, the DOJ announced its refusal to comply with a subpoena from House Republicans, despite stating their cooperation with the Biden family investigation as “extraordinary.” Following this development, Reps. James Comer (R-Ky.) and Jim Jordan (R-Ohio) warned Attorney General Merrick Garland of a potential contempt of Congress citation.
However, a U.S. District Court in Washington, D.C. has declared an expedited briefing schedule for the litigation concerning the release of the tapes, which Republicans argue will further underscore Biden’s alleged cognitive decline and lack of fitness for office.
While the Oversight Project, Judicial Watch, and CNN had their FOIA lawsuits combined, Brosnan, a representative for the organizations, mentioned that each plaintiff can still independently file their own briefs and motions.
Brosnan also pointed out the fact that Jordan and Comer’s panels have issued subpoenas for the same recordings and have threatened Garland with contempt, indicating that the lawsuit has already reached the upper echelons of the Justice Department.
“The Heritage Plaintiffs are prepared to handle this case swiftly. The Department of Justice should be prepared to do the same,” read a statement from the plaintiffs, criticizing the DOJ for allegedly taking too much time to prepare their legal arguments and citing holidays like Memorial Day and Independence Day.
Responding to the ruling, Judicial Watch described the Justice Department’s objections as “yet another blatant cover-up” and accused them of engaging in a “political ploy.”
Regarding the argument that the Justice Department has fulfilled its obligation by releasing the transcript of Hur’s interview, Brosnan contended that audio recordings provide a different context than a written transcript. He highlighted Hur’s depiction of Biden as a “sympathetic, well-meaning elderly man with a poor memory” who would be challenging to convict in the eyes of potential jurors.
“The audio recording could potentially settle the debate around President Biden’s mental acuity,” Brosnan stated, alluding to the White House’s objections to Hur’s descriptions in his report.
In a statement reported by the Washington Times, Principal Deputy Assistant Attorney General Brian Boynton asserted that plaintiff CNN is not entitled to any information exempt from disclosure under the FOIA. Boynton maintained that the actions taken by the DOJ were in compliance with FOIA and all relevant statutes and provisions.
