The Justice Department has come under fire for resisting a court order to expedite the determination of whether recordings of President Biden’s interviews with then-Special Counsel Robert Hur should be released. Several advocacy groups, including the Heritage Foundation’s Oversight Project, Judicial Watch, and CNN, had filed Freedom of Information Act requests for the tapes. Congressional Republicans have also sought the release of the recordings, which led to a lawsuit combining the three organizations’ requests. The DOJ had previously refused to abide by a subpoena from House Republicans related to the tapes, fueling further criticism.
The U.S. District Court in Washington, D.C. ruled to expedite the briefing schedule for litigating the release of the tapes, which Republicans claim will provide evidence of Biden’s cognitive decline and lack of fitness for office. The Oversight Project’s attorney, Kyle Brosnan, criticized the Justice Department’s arguments for an extended briefing timeline, stating that it is in the public interest to have the tapes released promptly. The Oversight Project, Judicial Watch, and CNN still have the ability to independently file their own briefs and motions regarding the matter.
In response to the court ruling, Judicial Watch criticized the Justice Department’s objections as another cover-up attempt, calling it a “political gambit.” The court order by Judge Timothy Kelly requires the government to file any oppositional motion for summary judgment by May 31, with final motions expected by July 29. Brosnan emphasized the importance of the audiotapes over transcripts, as they would provide a more accurate context of Biden’s alleged cognitive capabilities compared to Hur’s descriptions in his report.
The Heritage-related plaintiffs objected to the original briefing schedule, arguing that the FOIA case is of extraordinary importance and requires the DOJ to accord it the speed it demands. They criticized the government’s alleged bemoaning of needing time to account for holidays, claiming that the DOJ should be willing to prepare its papers in a timely manner. The plaintiffs emphasized that the case has already reached the top levels of the Justice Department, making the need for extended preparation time unnecessary.
In a published response to the ruling, Judicial Watch accused the Justice Department of a brazen cover-up and political motives. While the Justice Department has released a transcript of Hur’s interview, Brosnan stressed that an audio recording would provide a more accurate representation of Biden’s mental capabilities. Principal Deputy Assistant Attorney General Brian Boyton stated that CNN is not entitled to any documents or information exempt from disclosure under the FOIA, and that DOJ actions did not violate any statutes or provisions. The Justice Department declined to comment to Fox News Digital regarding the matter.
