CNN's Legal Action for Biden's Interview Tape in Classified Docs Investigation

CNN has filed a lawsuit to obtain the recordings of federal investigators' interview with President Joe Biden during the closed probe regarding his handling of classified documents.

This interview has sparked considerable attention and controversy, as it was a key part of special counsel Robert Hur's investigation. The investigation ultimately determined that there was insufficient evidence to charge Biden with criminal mishandling of records during his time as vice president. In his final report, Hur described Biden, who is 81 years old, as a well-meaning elderly man with a poor memory.

The Justice Department released transcripts of Biden’s interview after Hur’s report was made public in February. However, it was also revealed that the department has recordings. Hur, who has since left the DOJ, emphasized the significance of the audio recordings of Biden during a recent congressional hearing. He mentioned that he viewed them as crucial evidence that influenced his decision not to pursue charges.

The press and public were unable to form their own opinions about Hur's portrayal of Biden initially because they did not have access to the interview records. However, transcripts are not a replacement for recordings, as mentioned by CNN's attorneys in a court filing with the DC District Court on Thursday.

This unique interview marks the first time in decades that a sitting president has consented to an interview with a prosecutor investigating potential charges against him.

Donald Trump has been the subject of several investigations, including ones for mishandling classified records and obstructing justice. Despite facing criminal charges, he has not participated in an interview with any special counsel's office.

There is a request for access to Hur's records.

CNN filed a request with the Justice Department to release audio and video tapes under the Freedom of Information Act shortly after Hur's report was made public. According to CNN's filing, about a dozen other news outlets are also seeking access to the recordings and may join the lawsuit.

In Washington, DC, several organizations are suing in federal court to obtain records from Hur's office, despite some transparency efforts by Congress regarding the special counsel's work. These lawsuits are still in the early stages.

Jason Leopold, a reporter for Bloomberg News, has filed two lawsuits to access records created by Hur. Conservative groups like Heritage Foundation and Judicial Watch are also seeking access to records from specific interviews conducted by Hur, including the one with Biden. Judicial Watch filed a complaint in March specifically requesting access to the recordings of the Biden interview.

Even though the public can access government records under transparency laws, agencies often require lawsuits to speed up the disclosure of these records.

Five-hour interview

At the pinnacle of Hur’s investigation last October, the special counsel interviewed Biden for five hours in person.

Hur mentioned in the interview that Biden had difficulty recalling the years he served as vice president and the time of his son's passing, as well as mixing up a major world leader. However, Biden was able to accurately recall the specific date of his son Beau's death according to the transcript.

During the interview, Biden frequently stated that he was unaware or unable to remember how his staff managed or stored confidential documents, including how they were found in boxes at his personal office and residences.

The president was asked how he managed to keep track of his personal notes on foreign policy. His response was, "I have no idea, I wish I could say I was more organized."

Hur, in choosing not to bring any charges against the president, mentioned that Biden would likely be relatable to jurors because of their direct interactions and observations of him.

The White House has said that characterization of a president with a poor memory was inaccurate and unfair.

Editor's P/S:

The CNN lawsuit underscores the public's interest in transparency and accountability in government, particularly regarding the handling of classified documents. The recordings of President Biden's interview hold potential evidence that could shed light on the president's actions and the special counsel's decision-making process. While the Justice Department has released transcripts, the audio recordings provide a more comprehensive and nuanced account of the interview.

The article also highlights the ongoing legal battles surrounding the release of records from the special counsel's investigation. Other news outlets and organizations are seeking access to these records, which could further inform the public about the investigation's findings. The lawsuits emphasize the importance of transparency and the role of the courts in ensuring that government records are made available to the public.