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New Concerns Emerge Around Biden’s Interview Recording Revelations

 June 8, 2024

An upcoming decision regarding the required level of transparency on a recording of President Joe Biden’s interview with special counsel Robert Hur has stirred considerable interest, with a ruling expected by August.

The case, which questions whether Biden’s interview recording should be fully publicized after he claimed executive privilege, has intensified public discourse and legal scrutiny of his cognitive state, as the Daily Signal reports.

Transparency Of Biden's Interview at Issue

A lower court is set to rule in August on the transparency case concerning an audio recording of Biden’s interview with Hur. This controversy emerged when Biden invoked executive privilege to prevent the release of the recording, prompting debate over public access to such materials.

Regardless of the impending decision, it is anticipated that both sides will pursue emergency appeals. The anticipation of "fevered, emergency appeals" follows from the contentious nature of the case, with high stakes on both transparency and executive privilege.

The edited transcript of the interviews released shows what some describe as signs of Biden’s "diminished capacities," intensifying scrutiny and criticism. The disclosure has spurred further calls for the full recording to be made public for accuracy and integrity.

Challenge to Edited Transcript's Validity

Mike Howell, a critic of the edited transcript, noted that discrepancies raise questions about its legitimacy. Howell emphasized that altered documents might obscure the truth, pointing out that the released transcript and the potential full audio recording could present different narratives.

"Now we know those are two different things," Howell commented, underlining the importance of comparing the transcript with the actual audio to clarify these discrepancies.

In response to criticism, White House counsel’s spokesman Ian Sams stated that the Justice Department, not the White House, decided on any deletions or edits made to the transcript. This compartmentalization aims to mitigate allegations of biased handling by the executive branch.

Context Of the Biden Interview

The complexities of this case trace back to February when Hur issued a report on the mishandling of classified documents from Biden's tenure as vice president and senator. Despite identifying the improper possession, Hur chose not to press charges against Biden, fueling calls for increased transparency.

Late on a Friday, the Justice Department released the edited transcript, which immediately drew scrutiny. Critics argue the timing and nature of the release were designed to mitigate public outrage and scrutiny.

Amid this backdrop, multiple organizations, including the Heritage Foundation and Judicial Watch, have filed a lawsuit under the Freedom of Information Act seeking the full recording. These legal actions underscore the high demand for transparency in the matter.

Congressional Interest and Legal Battles

Congress, too, is pressing for access to the audio recording, intensifying the legal and political stakes. Attorney General Merrick Garland, however, has stated that he "would not be intimidated" into releasing the recording, despite potential contempt citations from Congress.

The Justice Department maintains that releasing the recording poses risks of it being misused as a “deep fake.” This concern highlights the tension between transparency and security in releasing sensitive governmental materials.

Senate Intelligence Chairman Mark Warner has proposed a potential solution of releasing the recording with a watermark to prevent misuse. This suggestion aims to balance the need for public access with security concerns.

Reactions And Future Implications

Howell continues to argue that the best defense against potential doctoring of the recording is to release it publicly, allowing for clear scrutiny and accountability. This perspective champions the principle of transparency as a safeguard against misinformation.

Attorney Sam Dewey has forecasted a flurry of litigation following the lower court’s decision, indicating the prolonged and contentious nature of this legal battle. "The case will be fully briefed on July 29," Dewey stated, with expectations of a prompt judicial decision thereafter.

"I would expect fevered emergency litigation like you’ve seen in other cases, in the Court of Appeals and the Supreme Court," he added, predicting intensive legal maneuvers post-decision.


As the court prepares to rule on the Biden interview recording, the legal, political, and public dimensions of the case keep intensifying.

With anticipated emergency appeals and varied opinions on the release's security implications, the struggle between transparency and executive privilege remains at the forefront.

Whether Biden’s executive privilege will withstand public and legal scrutiny or yield to demands for more significant transparency will be decided soon, setting crucial precedents for future cases.