Why Congress needs the audio tapes of Robert Hur’s interview of President Biden:
1. The audio recording is the best evidence of what was said during the interview. Transcripts do not and cannot capture emphasis, inflection, intonation, nuance, pace, pauses, pitch, rhythm, tone, and other cues and idiosyncrasies that convey meaning.
2. We cannot completely assess Special Counsel Hur’s recommendations and conclusions unless we have access to the audio recordings of the interview. In particular, review of the audio recordings is necessary to evaluate Special Counsel Hur’s conclusion not to recommend charges against President Biden in part because he presents “as a sympathetic, well-meaning, elderly man with a poor memory.”
3. Special Counsel Hur himself admitted that he based his decision on more than what’s in the cold transcript of his interview with the President. He told the Judiciary Committee that he “did take into account not just the words from the cold record of the transcript, but the entire manner in living color, in real-time, of how the President presented himself.”
4. President Biden himself has disputed the validity of Hur’s findings. He’s done so publicly—and after deciding not to assert privilege over the report itself or even the interview transcripts. The president has put the findings into dispute, and the Committee is reviewing those same findings. This factual dispute only adds to the Committee’s need to hear the audio recordings itself.
5. The House’s oversight of the activities of special counsels and independent counsels is not new. Congress has legislated on the use of independent counsels numerous times and has considered other legislative changes to special counsels in recent years.
6. DOJ’s claims that law enforcement interests are at risk are especially weak here because the investigation is closed.
7. It is up to Congress, not the Executive Branch, to determine what materials it needs to conduct its own investigations.
8. Any claim of executive privilege was waived when the Executive Branch released the transcript of the interview to the press.
Leave a comment