CNN has filed a lawsuit to gain access to recordings of federal investigators’ interview with President Joe Biden in the closed probe regarding his handling of classified documents. Special counsel Robert Hur’s investigation did not find enough evidence to criminally charge Biden, calling him a sympathetic elderly man with a poor memory. While transcripts of the interview have been released, recordings of the interview are also available.

Hur emphasized the importance of the audio recordings of Biden’s interview in shaping his decision not to charge the president. The press and public were initially unable to form their own conclusions about Hur’s characterization of Biden without access to the interview records. This extraordinary interview marks the only time a sitting president agreed to be interviewed by a prosecutor looking into potential charges against him.

CNN’s filing on Thursday details their request for the Justice Department to make public audio and video tapes of the interview following the release of Hur’s report. Multiple news outlets have also sought access to the recordings and may join the lawsuit. Several organizations, including Bloomberg News, Heritage Foundation, and Judicial Watch, have filed lawsuits to access records from Hur’s office, including the recordings of the Biden interview.

At the height of Hur’s investigation, Biden was interviewed for five hours in person. During this interview, Biden struggled to remember key details such as the years of his vice presidency and the death of his son but did recall the exact date of his son’s passing. In his decision not to charge the president, Hur noted that Biden would be sympathetic to jurors based on their interactions with him. The White House has disputed Hur’s characterization of Biden as a man with a poor memory.

Congress has taken steps to promote transparency around the special counsel’s work, but lawsuits are still necessary to access records from Hur’s office. The public can access records from government agencies under transparency laws, but organizations often need to sue to prompt agencies to disclose the records promptly. The lawsuits seeking access to recordings of the Biden interview are still in early stages, as multiple organizations continue to push for transparency in the investigation.

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