In a significant revelation, Judicial Watch announced [1] that the White House conceded in federal court that the transcript of President Joe Biden’s testimony to Special Counsel Robert Hur is inaccurate. The transcript lacks “filler words (such as ‘um’ or ‘uh’)” and omits repeated words. The Biden Justice Department claims executive privilege and privacy to keep the Biden audio hidden, suggesting that AI could alter Biden’s words, making the material a security risk.
The Justice Department’s filing, submitted late last night, states:
“After the interview, the Special Counsel Office created written transcripts of the audio recording with the help of a trained court reporter. I reviewed the transcripts alongside the audio recording to check for discrepancies. Some words were indiscernible, and filler words or repeated words were sometimes excluded. Despite these minor differences, the transcripts accurately reflect the interview’s content. Special Counsel Hur and FBI personnel who attended the interview also confirmed this accuracy.”
Tom Fitton, President of Judicial Watch, commented, “Judicial Watch’s FOIA lawsuit forced the Biden team to admit the transcript is inaccurate, likely altered to benefit Biden. This is not ordinary, and the inaccuracies appear to serve Biden’s political needs. We have initiated a new FOIA request on this Biden’s Nixonian tape scandal.” In a Twitter post, Fitton explains the situation:
NIXON 2.0: Biden DOJ tells federal court in @JudicialWatch [2] FOIA that transcripts of Biden's "interviews" are NOT accurate. INCREDIBLE! Plus they tell the court that potential AI manipulation of his voice means the tapes can NEVER be released! https://t.co/6tFW1MYbRm [3]
— Tom Fitton (@TomFitton) June 1, 2024 [4]
Judicial Watch filed a FOIA lawsuit against the U.S. Department of Justice on March 11, 2024, after the DOJ failed to respond to a February 2024 FOIA request for records of all Special Counsel interviews with President Biden (Judicial Watch, Inc. v. U.S. Department of Justice [No. 1:24-cv-00700] [5]). A redacted transcript of the Biden interview was released on April 15.
In April, the Justice Department refused to disclose the audio recordings of special counsel interviews with President Biden, citing Biden’s “privacy” interests.
Special Counsel Hur’s report, issued on February 5, 2024, described Biden as a “well-meaning, elderly man with a poor memory,” and declined to charge him with a serious felony:
“At trial, Mr. Biden would likely present himself as a sympathetic, elderly man with a poor memory. Based on our observations, many jurors would find reasonable doubt and would hesitate to convict him of a serious felony requiring willfulness.”
Before the report’s finalization, the White House criticized the report’s treatment of Biden’s memory, arguing that the President performed well during the interview.
The Heritage Foundation and a CNN-led media coalition have joined Judicial Watch’s lawsuit.
Judicial Watch has several ongoing FOIA lawsuits regarding Biden’s document scandals and the unprecedented partisan prosecutorial and judicial abuses of former President Donald J. Trump.