The Department of Justice (DOJ) has decided not to release audio recordings of President Joe Biden’s interview with Special Counsel Robert Hur, citing concerns about the potential misuse of the recordings through artificial intelligence (AI) and “deepfake” technology. This decision, outlined in a detailed 49-page court filing, has sparked significant debate and criticism from legal experts.
Deepfake Technology Concerns
In the court filing, the DOJ stressed the dangers posed by advancements in AI and deepfake technologies. The document noted that “the passage of time and advancements in audio, artificial intelligence, and ‘deepfake’ technologies only amplify concerns about malicious manipulation of audio files.” The department argued that releasing the audio could lead to its alteration and the spread of fake versions presented as genuine.
Associate Deputy Attorney General Bradley Weinsheimer expanded on these concerns in an affidavit. He warned that making the recordings public would carry a substantial risk and could invade personal privacy. Weinsheimer pointed out that malicious actors could create a deepfake of President Biden’s voice, programming it to say anything, and falsely presenting it as an authentic recording.
Legal Battles and Executive Privilege
The DOJ’s decision comes amid ongoing legal battles and Freedom of Information Act (FOIA) requests aiming to secure the release of the audio. The Biden administration has employed various legal strategies to block these efforts, citing the unique risks associated with the misuse of the recordings.
Weinsheimer argued that releasing the audio would be unprecedented and exceedingly harmful, particularly because President Biden is an “uncharged individual.” He maintained that there is already substantial information in the public record about Special Counsel Hur’s activities, and the audio release would add little to the public’s understanding while significantly increasing the risk of malicious manipulation.
Public and Political Reactions
The DOJ’s stance has elicited strong reactions from multiple quarters. Critics argue that withholding the audio undermines transparency and accountability. A legal scholar denounced the DOJ’s filing as “legally absurd” and “dangerous,” expressing concerns about the broader implications of such a precedent.
House Speaker Mike Johnson, a Republican from Louisiana, accused President Biden of trying to suppress potentially damaging information. “President Biden is apparently afraid for the citizens of this country and everyone to hear those tapes,” Johnson said. He suggested that the recordings could confirm findings by the special counsel and potentially alarm the American public, prompting the president to use executive privilege over the recordings.
Transcript and Speculations
In response to the FOIA requests, the DOJ has released a transcript of the interview. The transcript, which includes several embarrassing moments for President Biden, shows instances where he struggled to recall key details about his life and tenure as vice president. However, some Republicans speculate that the transcript might not accurately reflect the audio recording, alleging possible edits to shield Biden from further embarrassment.
Weinsheimer dismissed these speculations in the DOJ’s filing, clarifying that only minor adjustments were made to the transcript, such as the removal of repeated and filler words. He emphasized that the primary concern remains the risk of deepfake manipulations if the audio were to be released.
Special Counsel’s Findings
Special Counsel Robert Hur’s report, released earlier this year, portrays President Biden as a forgetful but well-meaning elderly man. The report highlights several instances where Biden could not recall significant details, including the period he served as vice president and the year of his son Beau Biden’s death. These findings reportedly angered Biden, leading to several inaccurate statements from him regarding the interview. For instance, Biden claimed that Hur brought up the topic of Beau’s death, while the transcript shows that Biden himself initiated the discussion.
