As a fight to obtain audiotapes of Joe Biden’s five-hour interview with special counsel Robert Hur carries on in court, both a coalition of mainstream media organizations and conservative groups agree that the 46th president should not be able to hide behind executive privilege and worries of “deepfakes” to avoid disclosure in the Freedom of Information Act (FOIA) case.
The Heritage Foundation, Judicial Watch, and the media coalition, composed of CNN, ABC, The Associated Press, CBS News, The Wall Street Journal, NBC, Reuters, and more, separately filed documents Friday opposing the motion for summary judgment that U.S. Attorney General Merrick Garland’s DOJ filed in late May.
The Heritage Foundation, calling this a “simple case despite the efforts of the Government to complicate it,” offered counterpoints to DOJ assertions that the public’s access to the transcripts of Hur’s Biden interview is more than sufficient in light of foreseeable “privacy harms.”
“While the transcript discloses spoken words (the ‘lexical’ portion of the interview), the audio recording is the only source of the ‘non-lexical’ portion that depicts the tone, tenor, cadence, pauses, hesitations, and other demeanor evidence of the interview,” wrote attorney Samuel E. Dewey. “As any junior trial lawyer can attest, a witness’s live recording speaks volumes more than a cold transcript of the same testimony.”
“Special Counsel Hur testified to Congress that he relied upon this ‘demeanor’ evidence to reach his controversial decision to recommend against criminal charges,” the filing continued.
Hellbound and Down 