Court
Orders Justice Department to Commit on Releasing Biden Audio
Tapes

A
federal court ordered the Department of
Justice to declare whether it intends to continue denying our request for
the full audio of former President Joe Biden’s interview with Special
Counsel Robert Hur.
We hope
the Trump Justice Department accepts what seems like an invitation from a
federal court to end the Biden regime's cover-up of Biden’s apparent
dementia.
Judge
Timothy J. Kelly of the U.S. District Court for the District of Columbia
wrote:
In
light of the recent change in administration, it is hereby ORDERED that
Defendant shall, by February 19, 2025, file a status report confirming that
its position outlined in its [34] Motion for Summary
Judgment and [46] Memorandum in Opposition
remains unchanged.
We
filed the first FOIA lawsuit and are the lead
plaintiff asking for the Biden audio recordings of his interviews in
Special Counsel Hur’s criminal investigation of Biden’s theft and
disclosure of classified records (Judicial Watch, Inc. v. U.S.
Department of Justice (No. 1:24-cv-00700)).
This
lawsuit has already forced the Biden administration to confess that the transcripts
of the audio recordings have been altered and are not accurate.
The
then-Biden Justice Department fought to keep the audio
recordings secret and asked the court to ignore precedent and rewrite FOIA
law. The former Biden agency demanded that a law enforcement/executive
privilege exemption be rewritten to help Joe Biden; wants to change FOIA
law to protect (after 50 years of being a politician) President Joe
Biden’s privacy in his voice; and sought to potentially end FOIA with a
new argument that the possible “AI” alteration of the Hur recordings
was reason to keep the keep the recordings and any government record a
secret from the public.
We
argued that the recordings should be released “because an open question
remains about whether Special Counsel Hur’s conclusion that President
Biden should not be prosecuted for his mishandling of classified records
[and] is supported by the evidence.”
Further, the audio would educate the public about “whether
Special Counsel Hur appropriately pursued justice by recommending to the
attorney general that criminal charges should not be brought against
President Biden concerning his mishandling of classified materials.” This
question “is of even more import these days because another special
counsel (with approval by Attorney General Garland) is currently
prosecuting President Trump for allegedly engaging in similar actions. In
addition to President Trump being both President Biden’s former political
opponent and the current Republican nominee in the upcoming Presidential
election, President Trump is the only former president or vice president to
be prosecuted for such actions.”
We
also criticized the Biden Justice Department’s reliance on a case that
allowed the withholding of the audio of the dying cries of the Challenger
astronauts as simply “repugnant.”
On
February 5, 2024, Special Counsel Robert Hur issued the “Report of the
Special Counsel on the Investigation Into Unauthorized Removal, Retention,
and Disclosure of Classified Documents Discovered at Locations Including
the Penn Biden Center and the Delaware Private Residence of President
Joseph R. Biden, Jr.”
In the
report, Hur called Biden a “well-meaning, elderly man with a poor
memory” and declined to charge Biden with a “serious
felony:”
We
have also considered that, at trial, Mr. Biden would likely present himself
to a jury, as he did during our interview of him, as a sympathetic,
well-meaning, elderly man with a poor memory. Based on our direct
interactions with and observations of him, he is someone for whom many
jurors will want to identify reasonable doubt. It would be difficult to
convince a jury that they should convict him-by then a former president
well into his eighties-of a serious felony that requires a mental state of
willfulness.
Prior
to the finalization of the report, the White House issued a letter to the Special
Counsel’s office attacking the report’s “treatment of President
Biden’s memory,” and added “there is ample evidence from your
interview that the President did well in answering your questions
…”
The
White House admitted to the court that
the transcript of President Joe Biden’s testimony to Special Counsel
Robert Hur is not accurate and is missing “filler words (such as ‘um’
or ‘uh’)” and words that “may have been repeated when spoken (such
as ‘I, I’ or ‘and, and’)” which were sometimes “only listed a
single time in the transcripts.”
The
Heritage Foundation and a CNN-led media coalition have been joined with our
lawsuit.
Judicial Watch Sues Justice Again Over Hunter Biden
Investigation Cover-Up
Judicial Watch renewed a key legal battle on details of the
Biden regime’s “investigation” of Hunter Biden.
We
filed a FOIA lawsuit against the
Department of Justice for records and communications regarding the Internal
Revenue Service’s investigation of Hunter Biden (Judicial Watch, Inc. v. U.S.
Department of Justice (No.1:24-cv-03387)).
Wed
filed an earlier FOIA lawsuit in July 2023 in the
U.S. District Court for the District of Columbia after the Department of
Justice failed to respond to a May 2023 FOIA request for access to the
public records of Special Counsel Jack Smith. During the course of this
suit, the Justice Department invoked FOIA Exemption 7(a) to withhold
records due to an ongoing law enforcement proceeding regarding Hunter
Biden, and the suit was dismissed.
In
light of the recent pardon issued by the
president to Hunter Biden, no open law enforcement proceedings remain.
However, the original FOIA request remains open, and we filed the new
complaint stating:
[T]he
Justice Department has failed to produce the requested records or
demonstrate that the requested records are lawfully exempt from production;
notify Judicial Watch of the scope of any responsive records it intends to
produce or withhold and the reasons for any withholdings; or inform
Judicial Watch that it may appeal any adequately specific, adverse
determination.
This is
a perfect opportunity for the Trump Justice Department to expose the extent
of IRS/DOJ corruption to cover up Biden family corruption. The Justice
Department is lawfully required to release all responsive records we
requested.
We have
multiple federal lawsuits focused on Biden family corruption:
In June
2024,we received records from the Central
Intelligence Agency (CIA) showing Mike Morell, former acting CIA director
under President Obama, requesting CIA permission to publish a letter by former
intelligence community leaders stating that they believed the laptop emails
exposing Hunter Biden’s connections to Ukraine were Russian
disinformation. Morrell’s request for prepublication review was approved
in just six hours by the CIA.
In May
2023, we filed a FOIA lawsuit against the National
Archives for Biden family records and communications regarding travel and
finance transactions, as well as communications between the Bidens and
several known business associates.
On
October 14, 2022, we sued the Justice Department
for all records in the possession of FBI Supervisory Intelligence Analyst
Brian Auten regarding an August 6, 2020, briefing provided to members of
the U.S. Senate. Ron Johnson (R-WI) and Chuck Grassley (R-IA) raised
concerns that the briefing was intended to undermine the senators’
investigation of Hunter Biden.
In
December 2020, State Department records obtained through a
Judicial Watch FOIA lawsuit showed that former U.S. Ambassador to Ukraine
Marie “Masha” Yovanovitch had specifically warned in 2017 about
corruption allegations against Burisma Holdings.
In
October 2020, we forced the release of State Department records that included a
briefing checklist of a February 22, 2019, meeting in Kyiv between
then-U.S. Ambassador to Ukraine Marie Yovanovitch and Sally Painter,
co-founder and chief operating officer of Blue Star Strategies, a
Democratic lobbying firm which was hired by Burisma Holdings to combat
corruption allegations. At the time of the meeting, Hunter Biden was
serving on the board of directors for Burisma Holdings.
CBP Agent Charged with Smuggling, Trafficking in Major
Cartel Corridor
The
profits from illegal activities along the border are a great temptation,
even for law enforcement. Our Corruption Chronicles blog has a
telling example.
A
federal agent in a border region long known as a major corridor for Mexican
cartels smuggling narcotics and Islamic terrorists into the United States
has been arrested and charged with alien smuggling and drug trafficking.
The case involves a Customs and Border Protection (CBP) officer in El Paso,
Texas, where Judicial Watch years ago uncovered an unprecedented partnership
between Mexican drug cartels and jihadists as part of a decade-long
investigation into crime, terrorism and corruption in the southern border.
Back in 2017 Judicial Watch also produced an investigative documentary
detailing an elaborate narco-terrorist cell operating out of El Paso, which
the Drug Enforcement Administration (DEA) confirms is a primary hub for
Mexican opioids and methamphetamine enroute to every corner of the
U.S.
Corruption within the law enforcement ranks has also been a problem in the
region at both local and federal levels, Judicial Watch investigations
show, with a number of federal agents caught taking bribes over the years.
Back in 2014 Judicial Watch reported on the criminal
indictment of Jesus Campa, the chief deputy of the El Paso County
Sheriff’s Office (EPCSO), a Texas agency responsible for patrolling more
than 1,000 square miles with a population of about 870,000. After nearly
two decades with the agency, he left abruptly amid allegations of
embezzling $5.6 million in Homeland Security Investigation (HSI) funds. His
boss, Sheriff Richard Wiles, was embroiled in several scandals. Besides
looking the other way as one of his trusted deputy chiefs embezzled
millions of dollars, Wiles attended a fundraising event at the home of a
convicted felon with connections to the illegal drug trade while serving
his third term as sheriff.
The recent CBP case involves an agent, Manuel Perez, who federal
authorities say has helped smuggle illegal immigrants and cocaine for six
years on the El Paso border. In multiple instances the disgraced
32-year-old agent admitted vehicles driven by illegal immigrants at the
Paso Del Norte Port of Entry in El Paso as part of human smuggling
operations, according to a statement issued by the
Department of Justice (DOJ). Additionally, Perez conspired to possess
cocaine from 2019 to February 2025 as part of an operation to distribute
the drug throughout Texas, Louisiana, North Carolina and elsewhere in the
country. The officer is charged with one count of conspiracy to bring
aliens to the United States for financial gain, three counts of bringing
aliens to the United States for financial gain, and one count of conspiracy
to possess a controlled substance with intent to distribute. He faces
decades to life in prison, according to federal prosecutors.
Perez’s case indicates that little has changed since Judicial Watch first
traveled to El Paso over 10 years ago to expose the reality gripping a city
long promoted by local officials as one of America’s safest. The truth is
that the municipality, which sits along the Rio Grande across famously
violent Ciudad Juárez, Mexico, is a key smuggling route for Mexican drugs,
illegal immigrants, and Islamic terrorists. Cartels smuggle foreigners from
countries with terrorist links into a small Texas rural town near El Paso
by using remote farm roads—rather than interstates—to elude Border
Patrol and other law enforcement barriers, Judicial Watch reported a decade ago. We
also broke a story in 2015 about an ISIS
training cell just a few miles from El Paso in an area known as
“Anapra” situated just west of Ciudad Juárez in the Mexican state of
Chihuahua. Law enforcement and intelligence sources on both sides of the
border confirmed to Judicial Watch that cartel-backed “coyotes” help
smuggle ISIS terrorists through the desert and into the U.S. between Acala
and Fort Hancock, Texas. The areas are targeted for exploitation by ISIS
because of their understaffed municipal and county police forces and the
relative safe havens the terrain provides for unchecked large-scale drug
smuggling.
With four years of open borders under the Biden administration and corrupt
federal agents like Perez, there is no telling how many terrorists have
entered the country to plan attacks. After all, in 2016 Judicial Watch uncovered an operation in
which Mexican drug traffickers helped Islamic terrorists stationed in
Mexico cross into the U.S. to explore targets for future attacks and among
them was a Kuwaiti named Shaykh Mahmood Omar Khabir, an ISIS operative who
at the time lived in Chihuahua not far from El Paso. Khabir trained
hundreds of Al Qaeda fighters in Pakistan, Afghanistan and Yemen, according
to information provided to Judicial Watch by government sources.
Until
next week,

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