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CNN has taken legal action to access recordings of federal investigators’ interview with President Joe Biden during a now-closed probe into his handling of classified documents. Special counsel Robert Hur’s investigation concluded that there wasn’t enough evidence to charge Biden with criminal mishandling of records after his vice presidency. Hur referred to Biden as a sympathetic, well-meaning, elderly man with a poor memory in his final report. While the Justice Department released transcripts of Biden’s interview, they have not yet released the recordings.

Hur has emphasized the importance of the audio recordings of Biden’s interview, stating that they shaped his decision not to charge the president. CNN’s court filing argued that without access to the interview records, the press and the public could not form their own conclusions about Hur’s characterization of Biden. This interview is significant as it marks the first time in decades that a sitting president agreed to be interviewed by a prosecutor looking into potential charges against him. In contrast, former President Donald Trump never sat for an interview with any special counsel’s office despite being under multiple investigations.

Numerous news organizations, including CNN, have requested access to the recordings through the Freedom of Information Act. Additionally, other organizations, such as Bloomberg News, the Heritage Foundation, and Judicial Watch, have filed lawsuits seeking access to records created by Hur’s office. While transparency laws allow the public to access records from government agencies, lawsuits are often necessary to prompt agencies to disclose the records promptly. These lawsuits are still in early stages, and the public may gain further insights into Hur’s investigation as they progress.

During Hur’s five-hour interview with Biden, the president struggled to recall key details, such as the years he served as vice president and when his son died. Biden also displayed confusion regarding a major world leader and claimed to have no idea how his aides stored or handled sensitive documents. Despite his poor memory, Hur declined to charge Biden with any crime, citing direct interactions with the president that led him to believe jurors would find Biden sympathetic. The White House disputed Hur’s characterization of Biden as a sympathetic, elderly man with a poor memory, claiming it was inaccurate and unfair.

The ongoing legal battle for access to recordings and records related to Hur’s investigation highlights the public’s interest in understanding the decision not to charge Biden. Transparency around the special counsel’s work has been a point of contention, with multiple news organizations and other entities seeking access to a range of records. The outcome of these lawsuits could shed further light on the proceedings of the investigation and the factors that led to the decision not to pursue criminal charges against President Biden.

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