Earlier today, the House Judiciary Committee pressed a judge to expedite an order demanding Attorney General Merrick Garland to release the audio recordings of the interview between former special counsel Robert Hur and Joe Biden.
In court papers filed on Friday, House attorneys argued that an interim injunction was vital due to the diminishing window of time for the 118th Congress.
They insisted that the audio recordings were indispensable for lawmakers to fulfill their oversight responsibilities and conclude their impeachment inquiry into Joe Biden.
🚨 #BREAKING: The House Judiciary Committee just filed a motion for preliminary injunction to speed up the case against DOJ for withholding the audio tapes of Robert Hur’s interview of Joe Biden.
Read here: https://t.co/mJ3yu5W2DK
— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) July 12, 2024
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The committee’s request stems from a contentious battle between House Republicans and Joe Biden’s Department of Justice, following their quest to acquire tapes from Hur’s interview with Biden last fall.
During the inquiry into Joe Biden’s handling of classified material, Hur noted that Biden, 81, appeared as a “well-meaning, elderly man” with declining memory.
Partially attributing Biden’s lack of prosecution for mishandling classified documents to his condition.
While the DOJ provided a transcript of the interview, Republicans argued that it fell short, asserting that the audio tapes were the “best evidence” for lawmakers.
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House attorneys stated, “The transcripts do not capture either verbal context (tone, emphasis, inflection, volume, and pace) or nonverbal context (hesitating and pausing).” Furthermore, the transcripts failed to include “filler words.”
The DOJ has refused to release the audio, citing executive privilege and expressing concerns about future witness cooperation and potential AI manipulation.
Democrats suspect that the Republican interest in obtaining the recordings is driven by their intention to exploit doubts about Biden’s mental fitness and amplify them during his re-election campaign, bolstering former President Donald Trump.
There is a coordinated effort to protect Joe Biden from Garland, that’s comparable to Watergate. I’ve spoken with Democrats who know Biden is not mentally fit. What is Garland hiding? This is a serious national security issue. pic.twitter.com/Z2aDUQeq1r
— Rep. Anna Paulina Luna (@RepLuna) July 12, 2024
After fruitless attempts to subpoena the tapes from Garland, the House threatened to hold the Attorney General in contempt of Congress. Consequently, in mid-May, the White House invoked executive privilege over the tapes.
Subsequently, Republicans voted to hold Garland in contempt one month later, leading to their lawsuit filed on July 1.
They argued that DOJ’s selective assertion of executive privilege over the audio but not the transcript was a “frivolous assertion.”
Yesterday’s outcome was a numbers issue. There were members out for legitimate family emergencies. When we come back, after the convention, we expect to have the support we need to hold Merrick Garland in inherent contempt. @charliekirk11 pic.twitter.com/nHD7QI6P1J
— Rep. Anna Paulina Luna (@RepLuna) July 12, 2024
It is worth noting that court processes can endure for months or even longer. House attorneys contended on Friday that the need for the audio was urgent. If a preliminary injunction is granted, Judge Amy Berman Jackson would immediately order Garland to comply with the subpoena while continuing to deliberate on the case’s final ruling.
House attorneys emphasized, “The Committee’s injury is temporal, too. And the harm caused by the deprivation of information, compounded by the ticking clock, is particularly acute.”
Alongside the House Judiciary Committee’s pursuit of the tapes, other parties, including the conservative watchdog Judicial Watch and a media coalition led by CNN, are embroiled in their own legal battle against the DOJ to obtain the audio.
These groups have filed lawsuits seeking to enforce their Freedom of Information Act requests. The DOJ has consistently raised objections under the guise of executive privilege, arguing that the recordings are exempt under FOIA.
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