Written by Ashton Snyder on
 July 2, 2024

House Judiciary Sues Garland for Biden Audio Depicting Him as 'Elderly Man With a Poor Memory'

According to Fox News, the House Judiciary Committee has sued Attorney General Garland for an audio of President Biden, who Special Counsel Hur claims depicts him as "an elderly man with a poor memory."

The lawsuit emphasizes the importance of these recordings over provided transcripts to understand the full context of Biden's testimony.

On Monday, the committee filed the lawsuit in the U.S. District Court for the District of Columbia. The lawsuit stresses the need for the "verbal and nonverbal context" in the recordings, particularly given Hur's description of Biden as "a sympathetic, well-meaning, elderly man with a poor memory."

Judiciary Committee Challenges Executive Privilege

The lawsuit arises amid ongoing debates within the Democratic Party about Biden's re-election campaign following a poorly received debate performance. The committee argues that Biden's invocation of executive privilege over the recordings "lacks any merit" and seeks to have the court overrule this assertion.

The committee issued a subpoena to Garland as part of an impeachment inquiry into Biden's alleged mishandling of classified records. While the Justice Department has provided interview transcripts, it has withheld the audio recordings.

Garland requested that Biden assert executive privilege over the recordings, and Biden complied. The committee contends that the audio recordings offer better evidence than transcripts because they include crucial verbal and nonverbal cues.

Importance of Verbal and Nonverbal Cues

Hur's decision not to prosecute Biden was influenced by how Biden presented himself during the interview. The committee insists that the recordings are essential for assessing Hur's characterization and recommendation.

The committee sees the effort to shield the recordings as an unwarranted expansion of executive privilege. They argue that releasing the interview transcript waives executive privilege, making the recordings necessary for a full understanding.

The lawsuit describes Biden’s assertion of privilege as "a frivolous assertion of executive privilege" and "at odds with common sense." The committee concludes that the court should order Garland to produce the recordings.

Garland Held in Contempt of Congress

In response to Garland's non-compliance with the subpoenas, the House voted to hold him in contempt of Congress. Despite this, the Justice Department decided not to prosecute Garland over the issue.

The recordings and transcripts in question are tied to an investigation into Biden's handling of classified records, which included sensitive military and foreign policy documents. These materials potentially involved sensitive intelligence sources and methods.

Special counsel Robert Hur released his report in February, concluding that charges against Biden for mishandling classified documents were not warranted. Hur's decision was based partly on Biden's demeanor and recollection during the interview.

Concluding Thoughts

The House Judiciary Committee is suing Attorney General Merrick Garland to obtain audio recordings of President Biden's interview with special counsel Robert Hur, arguing that the recordings provide essential context missing from transcripts. This legal battle emphasizes the need for transparency and could have significant political implications. The case adds complexity to the ongoing debates within the Democratic Party about Biden's re-election campaign.

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