The Deepfake Privilege? The Justice Department Makes Startling Claim to Withhold the Biden-Hur Audiotape

We have been discussing the dubious constitutional basis for President Joe Biden withholding the audio tapes of his interview with special counsel Robert Hur. I have previously written that the claim of privilege makes little sense when the transcript of the interview has already been released. It seems curious that Biden is claiming to be the president “who cannot be heard” in withholding the audio version. It just got wackier as the Justice Department seeks to create a new type of “Deepfake privilege” that would effectively blow away all existing limits on the use of the privilege when it comes to audio or visual records of a president.

Multiple committees are investigating Biden for possible impeachment and conducting oversight on the handling of the investigation into his retention and mishandling of classified material over decades. Classified documents were found in various locations where Biden lived or worked, including his garage. The mishandling of classified material is uncontestable. Broken boxes, unprotected areas and lack of tracking are all obvious from the photos.

Biden made the situation even worse with a disastrous press conference in which he attacked Hur and misrepresented his findings.

Hur’s ultimate conclusion that Biden’s diminished cognitive abilities would undermine any prosecution left many dumbfounded. After all, the man who is too feeble to prosecute is not only running a superpower with a massive nuclear arsenal but running for reelection to add four more years in office.

From impeachment to oversight to the 25th Amendment (allowing the removal of a president for incapacities), there are ample reasons for Congress to demand information and evidence from the government on these questions. Congress is also interested in looking at repeated omissions for “inaudible” statements. Under this sweeping theory that Biden can legitimately withhold these recordings under executive privilege, any president could withhold any evidence of incapacity or criminality.

As previously explained, the claim that the audiotape but not the transcript remains privileged is hard to square with precedent or logic. However, now the Justice Department appears to be pivoting with a new claim with a late Friday filing.  The filing obtained by Politico states that the audiotape must be withheld due to the risk that it could be altered by artificial intelligence and passed off as authentic in a deepfake release: “The passage of time and advancements in audio, artificial intelligence, and ‘deep fake’ technologies only amplify concerns about malicious manipulation of audio files.”

Consider the implications of that argument for a second. It would mean that any visual or audio recording of the President could be withheld due to the danger of digital or other manipulation. It would eviscerate any existing limits on privilege assertions.

It is also absurd since you could create such fake recordings using the transcript and Biden’s voice from countless interviews through AI programs. The Justice Department acknowledges that obvious logical disconnect by noting that the release would make any fake version more credible.

“To be sure, other raw material to create a deepfake of President Biden’s voice is already available, but release of the audio recording presents unique risks: if it were public knowledge that the audio recording has been released, it becomes easier for malicious actors to pass off an altered file as the true recording,.”

The filing is logically and legally absurd. It is also dangerous.

For a president who is already carefully insulated from questions and controlled in public appearances, the argument would allow staff to completely control any public or, more importantly, congressional review of his actual speech and discourse.

In seeking to prevent “malicious actors” from altering reality, the government is claiming the right to frame reality as an inherent constitutional prerogative.

The argument ignores that, if an audiotape is released, it is harder to pass off a fake as genuine. As it stands, actors can claim tapes as leaked or derived from other sources. In the absence of an official tape, such arguments can be difficult to refute.

The fact that this spurious argument is being made by Merrick Garland’s Justice Department is another disappointing sign that he has abandoned his pledge to remain apolitical in office. This litigation is clearly designed for one overriding purpose: to delay any release until after the election when it cannot harm the President.

It is the legal version of a deepfake — misrepresenting the law to mislead citizens into believing that they are better off with less information on the credibility and competence of their president.

339 thoughts on “The Deepfake Privilege? The Justice Department Makes Startling Claim to Withhold the Biden-Hur Audiotape”

  1. What the hell kind of weak dix are you GOP guys? You gonna take 6 months to decide to hold Garland in contempt? I bet he’s shaking in his boots. Dems are the Harlem Globetrotters, GOP are the Washington Generals. Pathetic.

  2. So how many times does that hook nose Garland get to interfere and obstruct investigations prompted by Congress before his ass is in the sling? Running out Statutory limitations, refusing to indict, refusing to provide evidence. This is a banana republic now!

    1. Why is it necessary to add the antisemitic trope? It weakens your statement and makes you look like a bigot. My advice is to skip such things. You will be better off for it.

    2. Please remember that our intelligence community illegally recorded Trump. I’m not talking about the fraud that was presented to the FISA Court to illegally wiretap his campaign. I’m talking about James Comey illegally recording Trump in the Oval Office. The intelligence community had no problems releasing that.

  3. What if the tapes don’t match the transcript? Certainly that would make taking severe steps to protect release of the tapes an imperative.

    1. They already proved that the Biden administration changes the written transcripts. They are hiding the recording because it would be the nail in Bidens coffin and they know it.

  4. Someone extremely honest and apolitical needs to do the unthinkable — this someone or someones will be someone with ‘access’ to the original tapes of Joe Biden’s interview with SC Hur, and then release it broadly in all media.
    I think we will be shocked at the mental acuity demonstrated by Biden on the tape, thus they are creating new and untested defenses to keep it secret.

  5. They have deemed the biden recording malinformation. It’s true a stumbling bumbling mentally ill criminal moron babbled incoherently and was recorded, the same idiot who stole the presidency and decades ago publicly claimed he would tell any lie for power and effect, and now he demands his mumblings are top secret because they are a fraud security risk.
    Fine, may we never hear another word from demented mumbles again.

  6. The new Mexican president is a woman, a nurturing woman.

    Fraudulent “asylum” is no longer necessary under the peaceful nurturing administration of a woman.

    All the Mexicans and their criminal fraudulent illegal alien invader allies may return home now.

    Oh, HAPPY DAY!

    Que Dia Feliz!

    Get up on Olde Paint and Get the —- Where You Ain’t!

  7. Trump, Johnson said, “is not just our nominee, not just an individual running for president. I think now he’s seen as a symbol, a symbol of one who is willing to fight back against that corruption, the deep state and all the rest.”

    … in that same Reuters/Ipsos poll, more than one-third of Republicans said they were more likely to vote for Trump following his felony conviction. And among the GOP grassroots, the trial — and the verdict — is serving as a call to arms.

    https://www.politico.com/news/2024/06/01/republicans-rally-around-trump-while-dems-chant-lock-him-up-00161154

    1. House Speaker Mike Johnson, “17 million illegal alien invaders crossed over the border during the Biden administration.”

      President Biden, “We’re going to issue amnesty.”

      Just in time to certify 17 million new voters for the election.

      Ain’t New Communist America great?

    1. See below for the child pornographer, Dennis McInlyre, as he celebrates cornhole your nephew month.

  8. Jonathan: In all the uproar over DJT’s criminal conviction you missed an important event that started yesterday. June is LGBTQ+ Pride Month! That’s right. It was Bill Clinton who, in 1999, proclaimed June as Pride Month. Obama did the same during his administration. When DJT assumed office he refused to follow Clinton and Obama…although in 2019 he sent out a tweet in 2019 calling for “solidarity with the many LGBT people who live in dozens of countries worldwide that punish, imprison, and even execute individuals on the basis of their sexual orientation”. In other words, DJT was telling the LGBTQ+ community “you should be grateful we don’t execute you”.

    Of course, there will be Pride parades and other celebrations around the country. I know you, your family and your loyal followers on this blog will want to attend a Pride event near you this month to show your support for the LGBTQ+ community. Right? It’s only for a month!

    1. Why do they need or deserve a whole month? They do not.
      Do any other groups get more than ONE DAY?

      1. Any group can celebrate their culture or whatever they want for as long as they can sustain interest.

        At the same time govenrment should get out of the business of formally recognizing group identities.

    2. Keep your perversions to yourself “Dennis”

      No one cares about your mental illness.

    3. To Dennis, the + is for pedophiles like himself.

      Obama, like Clinton, was against gay marriage while he was giving them this lip service.

      Long before Dennis and his hero’s, i was all for some dude sticking his dick in the hairy ass of another man if that got them off, and if two women want to have sex, I’ll hold the camera.

      But Dennis thinks we should all celebrate the way he does, by cornholing his nephew every day this month.

    4. DM – what does this post mean ?

      There are a number of tiny issues that are still in conflict in this country – such as can we sexualize children, can some form of self identification be used to compel the speech of others and in what domains are biological women protected from competition by biological men.

      Every single one of the outstanding issues can be decided radically in opposition to the positions of the left, and this country will still be the strongest protector of civil rights for those who identify as LGBTQ.

      There is no divide between Republicans and democrats. The Trump administration had several openly gay appointments – including a cabinet position.

      Nearly everyone in this country has gay friends or relatives.

      I have been disappointed at the intolerance and fixation on revenge by many in the LGBTQ community whose civil rights I supported when after getting those they started trying to use government to target those whose views they did not like.

      Haven’t we had enough of government targets people over political issues ?

      If you do not like another persons views on an issue – call them out. Boycott them – but do NOT try to use the FORCE og government to silence them.

      As to Pride Month – I will with certainty attend a number of pride events, but it is time for government to bow out. Celebrating LGBTQ is little different from celebrating being irish or italian We do not need an official Irish pride month
      We have far too many “Official …. days or months”. My objection is not some hill I want to die on. It is more a reflection that as a nation being gay today is about as consequential as being irish and should be treated the same.

      Those of us who are irish or just love the irish should be free to celebrate that when we choose. And those who are not simmilarly motivated should be free to ignore it.

      It is not a bad thing for formerly oppressed groups to lose the attention of the nation.
      It is a good thing. It means those differences no longer matter to most of us.

      We live in the most diverse country in the world.
      We live in the country where increasingly our immutable attributes, our cultural differences, even our freely chosen differences do not divide us.

      WE have reached the point where if your civil rights are being violated it is most likely because of your political identity – not your sexual or racial identity. And the violators, as almost exclusively the left groups that used to champion those who were discriminated against because of race, sex, or sexual orientation.

  9. It would be the height of naivety to believe that the faction that is engaged in a stealth coup d’etat to seize this nation from its citizens is going to allow for a peaceful transfer of power to the candidate preferred by the electorate.

  10. Beauty will save the world
    – Aleksandr Solzhenitsyn

    Maria Callas as Desdemona in Verdi’s Otello

    🎶 Ave Maria, piena di grazia, eletta
    fra le spose e le vergini sei tu,
    sia benedetto il frutto, o benedetta,
    di tue materne viscere, Gesù.
    (dolce)
    Prega per chi adorando a te si prostra,
    (dolce)
    prega nel peccator, per l’innocente,
    e pel debole oppresso e pel possente,
    misero anch’esso, tua pietà dimostra.
    Prega per chi sotto (animando)
    l’oltraggio piega
    la fronte e sotto la malvagia sorte;
    (dolcissimo)
    per noi, per noi tu prega, prega
    sempre e nell’ora della morte nostra,
    prega per noi, prega per noi, prega.
    (Resta ancora inginocchiata
    e appoggiando la fronte sull’inginocchiatoio
    ripete mentalmente l’orazione di cui non s’odono
    che le prime e le ultime parole.)
    Ave Maria. . .
    nell’ora della morte.
    Ave!. . .Amen!

    DESDEMONA
    (goes to the prie-dieu)

    Hail Mary, full of grace, chosen
    Are you among brides and maidens;
    O blessed one, may the fruit be blessed
    Of your maternal womb, Jesus.
    Pray for those who prostrate themselves before you, adoring,
    Pray for the sinner, for the innocent,
    For the weak and oppressed and for the mighty,
    Also for the wretched, display your mercy.
    Pray for those who bow their heads beneath
    Outrage and evil destiny;
    Pray for us
    Always and in the hour of our death,
    Pray for us, pray for us, pray.
    (She remains still kneeling, resting her forehead
    against the prie-dieu, mentally repeats the prayer,
    of which we hear only the first and last words.)
    Hail Mary . . . .
    . . . . . . . . . . . . . .
    . . . . . . . . . . . . . .
    . . . . At the hour of death.
    “Amen!”🎶

  11. Today’s Multiple Choice Question:

    Do you think the Trump verdict will soften the blow of the Hunter Biden Trial(s) verdict?

    A. Hunter and Joe are let off the Hook
    B. Hunter gets a slap of the hand
    C. Trump got convicted so Hunter gets convicted to
    D. Hunter files Appeal for a Post Election Pardon
    E. Hunter get a Pardon on Joe’s way out of Office
    F. None of the above

  12. You just can’t make it up! Biden presser on how the judiciary is the cornerstone of our nation and Trump’s dangerous comments, blah blah blah. Let that sink in for a moment, this is the guy that stole classified documents, shook down adversarial countries, won’t provide the records to Congress regarding his banking records, his Hur investigation and had the DOJ/FBI slow walk millions in taxes owed for his son! You pay your fair share now, okay! What has our nation come to? Love him or hate him, if you’re awake, Trump is the first step in regaining our country.

  13. It could also be true, that all of Biden’s publicly viewed appearances were deep fakes, the man is truly a deep fake from top-to-bottom and beginning-to-end.

      1. Sadly, the only thing that’s not fake about it is the ongoing destruction of America.

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