Following Debate, GOP in Court Demanding Audio Tape of Biden Interview

The Legal Case Was Spelled Out by Law Professor Who Suggested Court Action
 
WASHINGTON - July 1, 2024 - PRLog -- House Republicans have gone to court seeking to obtain a copy of the audio recording of President Joe Biden's interview with a special counsel in his federal classified documents case, notes public interest law professor John Banzhaf, who had suggested court action to the Speaker of the U.S. House of Representatives.

As the Daily Mail reported it, Biden's Blundering Debate Causes Republicans to SUE for Audio Tapes of Special Counsel Rob Hur's Interview During Which He Appeared 'Old and Elderly' (https://www.dailymail.co.uk/news/article-13588203/joe-biden-debate-audio-tapes-rob-hur-interview.html)   COPY OF COMPLAINT (https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/Audio%20subpoena%20as-filed%20complaint.pdf)

Banzhaf, was quoted in the Washington Examiner, explained why executive privilege, even if it had been validly invoked (which he says it wasn't), had been waived:

The need and legal arguments for releasing the audio tape were strengthened when millions of Americans viewing the presidential debate saw Biden repeatedly stumble and loose his train of thought when trying to explain his own views on important national issues, says Banzhaf.

The problem was so severe that many later questioned whether, given his advanced age, frequent stumbles on stairs, other videotaped apparent lapses at public events, and difficulty in both explaining his own views and in refuting questionable claims by Donald Trump during the debate, he had the cognitive fitness to serve as president.

The audio tapes could shed light on this vital important public issue.

He says the audio tape might reveal nuances which might not be evident in the written transcript which was publicly released, especially if major pauses and lots of filler words (such as ER or UM) were edited out.

Similarly, especially in light of charges by many legislators and commentators that Trump's staff deliberately tried to hide or otherwise cover up Biden's alleged mental issues, it is important to hear the entire audio tape to see if significant portions were edited out or substantially rewritten, suggests Banzhaf.

Special counsel Robert Hur claimed that the interview showed Biden to appear to be "a sympathetic, well-meaning, elderly man with a poor memory," but many Democrats argued that no such showing was evident just from the written transcript alone.

As the court complaint put it, "That verbal and nonverbal context is quite important here because the Special Counsel relied on the way that President Biden presented himself during their interview — 'as a sympathetic, well-meaning, elderly man with a poor memory'— when ultimately recommending that President Biden should not be prosecuted for unlawfully retaining and disclosing classified information."

Now, since the debate itself provided very strong evidence of possible mental concerns, the need for the release of the unedited audio recording is even more compelling, argues Banzhaf.

http://banzhaf.net/  jbanzhaf3ATgmail.com  @profbanzhaf

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