The U.S. Department of Justice (DOJ) urged a federal judge on Thursday to reject efforts by the Heritage Foundation, Judicial Watch, and a coalition of mainstream media organizations, to obtain audiotapes of Biden’s interview with special counsel Robert Hur through a Freedom of Information Act (FOIA) lawsuit.
The DOJ argued that disclosing the tapes would create risks of “deepfakes” and “privacy harms” and dissuade executive branch cooperation with Congress.
While acknowledging that the tapes contain “new information not contained in the written transcript,” the DOJ contended that there is no significant public benefit to their release since a transcript of the interview has already been made available, and Hur has testified before Congress regarding his report and non-charging recommendation concerning the handling of “classified materials.”
The DOJ is seeking summary judgment from U.S. District Judge Timothy Kelly against the Heritage Foundation, Judicial Watch, and a media coalition including CNN, ABC, The Associated Press, CBS News, The Wall Street Journal, NBC, and Reuters. They argue that Biden's privacy interests outweigh the public interest in releasing the tapes under FOIA.
Key points from the DOJ's arguments include:
– The audiotapes were “properly withheld pursuant to multiple statutory exemptions” to avoid interfering with “pending” law enforcement investigations.
– The threat of deepfakes is a genuine concern, as evidenced by a recent TikTok video falsely claiming to be the actual audio recording.
– Releasing the tapes would complicate efforts to identify, track, and counteract manipulated versions.
– Withholding the tapes is justified by FOIA and respecting Biden’s executive privilege is essential to avoid “grave constitutional concerns.”
– The plaintiffs’ interpretation of executive privilege is historically and constitutionally flawed.
The DOJ’s full response to the Heritage Foundation, Judicial Watch, and the media coalition can be read here.
