Biden’s Voldemortian Theory of Privilege: The President Whose Voice Must Not Be Heard

Below is my column in The Hill on the curious claim of executive privilege over the audiotape from President Joe Biden’s interview with Special Counsel Robert Hur.  It is the first time that I know of where the content of a presidential conversation was treated as unprivileged but the audio of the conversation claimed as privileged. It is also an invocation on answering questions about alleged criminal acts committed while a private citizen. It is, in my view, entirely without merit but Attorney General Merrick Garland appears more interested in running out the clock than prevailing on the claim.

Here is the column:

While all eyes were focused on a Manhattan courthouse for Donald Trump’s trial, a curious thing happened in Washington. President Joe Biden invoked executive privilege in defiance of Congress.

It is not the invocation that is particularly unusual. What is curious is that Biden is withholding the audiotape of his own interrogation by Special Counsel Robert Hur, even though the transcript has been released as unprivileged.

It appears that Joe Biden is “he who must not be heard.”

The invocation of privilege over the audiotape is so transparently political and cynical that it would make Richard Nixon blush. 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.

The comparison to the Trump case in Florida is both obvious and disturbing. Where Trump was charged with a litany of charges, including mishandling and retention of documents (in addition to obstruction), Hur decided not to charge Biden at all. His reason was outright alarming: The president is an elderly man with failing memory.

Biden made the situation even worse with a disastrous press conference in which he attacked Hur and misrepresented his findings. Biden told the public that the special counsel did not find willful retention of material. This was untrue — Hur not only found that Biden had done this, but repeatedly detailed such violations in the report.

Biden also claimed that he had not shown classified material to third parties, even though Hur specifically found that he had and established that there is a witness to that violation.

Biden also attacked Hur for bringing up the death of Beau, his son who passed away in 2018. In showing why Biden could use his diminished faculties as a defense, Hur had noted that Biden got the date wrong of his own son’s death.

In the press conference, Biden angrily asked “How in the hell dare he raise that?” Frankly, when I was asked the question, I thought to myself it wasn’t any of their damn business.”

It was later shown that it was not Hur but Biden himself who raised his son’s death, which he often does in speeches.

Hur’s view 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.

The House is poised to find Attorney General Merrick Garland in contempt for refusing to release the audiotapes. It is a cynical calculation. Garland knows that his own department will never prosecute him for contempt of Congress. Obama Attorney General Eric Holder was clearly in contempt of Congress and abused executive privilege arguments to shield embarrassing details tied to Operation Fast and Furious. His department refused to even submit the matter to a grand jury.

Garland also knows that it will take months to get any ruling on the matter once Congress can file with a court. That will push any decision and release until after the election. While the administration and liberal legal analysts insisted that courts should expedite any and all trials of Donald Trump before the election, they are not eager for the public to know this information about whether Biden seemed feeble or confused under questioning.

A court may be a tad confused as to why a president’s answers are not privileged, but the actual audio recording of those answers can be privileged.

White House counsel Edward Siskel added to the dubious basis for the claim in a letter to House Judiciary Chairman Jim Jordan (R-Ohio.) and House Oversight Committee Chairman James Comer (R-Ky.) on Thursday. He suggested that, if there were a compelling reason for the audiotapes, it might be different.

“The absence of a legitimate need for the audio recordings lays bare your likely goal—to chop them up, distort them, and use them for partisan political purposes,” wrote Siskel. But that is not a basis for an executive privilege assertion. How material would be treated is not relevant to whether Congress has a right to the information.

Past presidents have routinely over-extended privilege claims for political purposes. Nixon had his own tapes in the Watergate scandal. Of course, he was denying access to all of the information on the tapes. Yet, in a strange way, that may have been more compelling, since Nixon was arguing that the disclosure would compromise the content of privileged conversations.

Biden is not claiming the actual conversations as privileged; only how he sounded and spoke the words that are already in available transcripts.

For the Justice Department itself, these pendulum swings between being a contempt hawk and dove are enough to give a judge vertigo. The department just prosecuted Trump officials for refusing to appear or supply evidence to Congress. Likewise, arguments of privilege by former Chief of Staff Mark Meadows have been rejected. Yet privilege is now being asserted for this conversation between Hur and Biden, concerning potentially criminal conduct committed when Biden was a private citizen — neither vice president nor president.

In other cases, federal and state prosecutors have argued that Trump’s statements on Jan. 6 were criminal, made in relation to private interests and not protected under executive privilege or immunity. Notably, unlike in Biden’s case, these were statements made while Trump was president and concerned matters raised during Trump’s term. Likewise, prosecutors rejected claims that Trump has any protection over his call with Georgia officials over the demand for a recount. Imagine if Trump had argued that it was privileged to hear his voice, but not to read his words in the call.

Biden’s Voldemortian theory of privilege is unlikely to succeed legally, but that is not the point. Garland knows that it is likely to succeed politically. With generally favorable judges in Washington, the Biden administration hopes to run out the clock on the election. If Biden wins the election or the Democrats win the House, there may be no ongoing investigation or justification to support the demand in court. Of course, unlike Voldemort, who simply did not want to be named, Biden wants to remain “he who must not be heard” outside of short, carefully controlled settings.

What Hur heard could therefore remain a privilege of office.

Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School.

 

308 thoughts on “Biden’s Voldemortian Theory of Privilege: The President Whose Voice Must Not Be Heard”

  1. Joe Biden is more criminal than Richard Nixon. I remember those days, the hoopla, and all that, but what’s going on today is a gross extension of actual multi-person corruption and debasement of standards by Joe Biden and his supporters. The political Decline of the USA is real. The Democratic Party is without anyone of substance, intelligence, and integrity. Are Republicans any better ? Obviously, they are above the other party.

  2. Colangelo rightfully referred to it as a CRIME. It could only be a CRIME if theft was involved and it can only be theft if it was a REIMBURSEMENT.

    Colangelo was actually being sarcastic when asked if Cohen had been charged. He was simply reinforcing Blanche’s assertion that it was a CRIME of theft and that Cohen had confessed. If he had used the term “reimbursement” Blanche would have suddenly realized his colossal error and would have then had an opportunity to come back and try to clean up his mistake while Cohen was still on the stand.

    Blanche established that Cohen committed a crime by stealing a reimbursement intended for a third party. Cohen readily confessed.

    The crux of the prosecution’s case is that the payments were reimbursements and not legal fees. Blanch established that very nicely.

    You can expect the prosecution to spend most of their closing arguments explaining this to the jury.

    1. ATS, your an idiot. Cohen’s confession to stealing pretty much obliterated the prosecutions case.
      Because it goes right to the core contention of the prosecutors – that Trump really knew everything that was going on.
      Yet he did NOT know that Cohen was stealing from him.

      Even Merchan seems to understand that it is an incredibly hard sell to convince a jury that Cohen’s invoices – which were created by Cohen and we NOW know where Frauds by Cohen on Trump, are concurrently Frauds by Trump.

      Further, this does more than obliterate Cohen’s credibility – it obliterates his entire story.

      If Trump was actively involved in Cohen’s activities, he would KNOW that Cohen was lying to him and stealing from him.

      This does Damage Trump – but not in the way the left intended.

      It undermines claims that he is on top of every detail in his own businesses.

      Cohen got away with ripping him off. That demonstrates he was NOT on top of things.

    2. Out of pocket money was 130k and the total payments were 420k. Some reimbursement.

  3. The New York Times has an article on the origins of the common cockroach.
    But nothing about the recent origins of the trumproach.

  4. They can’t release the pedo Joe tapes because it will take out both pedo Joe and DOJ (Hur).

    1. Tickler: (Trial Dates)

      Hunter Biden Court dates:
      [On Track] June 3rd – Felony Gun Case of 3 Federal Gun Charges in Delaware – U.S. District Judge Maryellen Noreika

      [Request Made] June 20th – Federal Tax Trial of 9 tax-related charges in California – U.S. Central District of California Los Angeles Judge Mark C. Scarsi
      Biden’s attorneys are asking the federal judge, Marc Scarsi, to push back the trial until Sept. 5. Scarsi said he would hear requests to modify the schedule on May 29.
      https://thehill.com/regulation/court-battles/4670341-hunter-biden-attorneys-delay-tax-case/

    2. It is near certain the Defense has asked for a directed verdict.
      While they have likely asked today. The defense is going to have to be given time to put together the legal argument – that means reviewing all the transcripts. Then the prosecution is going to have to get a chance to respond.

      This has been a bad close to an abysmally bad prosecution.

      It is now obvious to most of us why No one – even Bragg would take this case to court.

      It is a dud. Micheal Cohen has just confessed to a crime much more serious than Trump is accused of.

      That is a very big deal – especially if Bragg knew about it.
      You do not someone who has committed but not be charged with murder to convict someone else of improperly paying their cigarette taxes.

      1. Wait, wait, wait.

        I presume the crime you are referring to by Cohen is the theft of $30,000 that was supposed to go to Red Finch.

        But I thought the defense position is that Trump simply made good faith monthly payments to Cohen for legal services rendered. Cohen simply invoiced Trump at a flat rate of $35,000 a month pursuant to a retainer agreement and Trump paid in good faith. The payments were absolutely not reimbursements for any specific purpose or amount. Am I right??

        Then how could Cohen have “stolen” anything, unless the payments really were a REIMBURSEMENT going to a third party, and not legal fees.

        Blanche hammered Cohen on this point, thinking he had scored a major hit. Accused Cohen of theft of a REIMBURSEMENT intended for Red Finch.
        Blanche even used the term REIMBURSEMENT. Cohen freely admitted that he had stolen the REIMBURSEMENT intended for Red Finch.

        Idiot Blanche did not realize that he had just proven the prosecution case that the payments were intended as REIMBURSEMENTS, and not legal fees. Clearly the prosecution set this as a trap. When confronted, Cohen immediately confessed that he had in fact stolen the money without a moments hesitation. There was no attempt at obfuscation or prevarication. No long pauses or hemming and hawing. Immediate confession. Yes I stole the money.

        You can’t have it both ways. The payments were either a monthly flat rate fee for legal services, or reimbursements for payments to a third party. You can’t “steal” a flat rate fee, but you can “steal” a reimbursement.

        Th trap was set and Blanche walked straight into it.

        1. The most amazing self delusion.

          The accounting code used was LEGAL EXPENSES.
          While Legal services works equally well, there is no debate that legal expenses is BROAD.

          I would also note among todays wins by Blanche was Cohen had to admit that he performed numerous legal services for Trump in 2017.

          The payments to Cohen are called reimbursement in some places. legal expenses in others, and a retainer in others.
          All 3 terms are correct.

          I would further note that the prosecutions case is that they were NOT reimbursements, that all three terms are false – hence 34 counts. God alone knows what brag thinks they should have been called.

          Regardless, I would suggest that you read between the lines with Merchan’s reponse to Blanche’s remarks about a directed verdict.
          Merchan sounded alot like he was trying to convince himself – and not doing all that well.

          Micheal Cohen may have proven to be the worst prosecution mistake of all time.

          I keep hearing lefties saying blanche did not lay a glove on him.
          I have lost track of the number of lies Blanche caught Cohen in.

          Regardless, you have to have Full blown Stage V TDS at this point to beleive ANYTHING Micheal Cohen says.

        2. . The payments were absolutely not reimbursements for any specific purpose or amount. Am I right??
          Math is hard.
          Daniels NDA was $130K
          $35k X 12= $420k

          1. As usual you are entirely missing the point. Please pay attention.

            Trump’s defense is that he simply paid a monthly fee of $35,000 to Cohen for legal services pursuant to a retainer agreement. He claims to know nothing about any payoffs. He claims that he simply paid Cohen $35,000 a month for 12 months for a total of $420,000. Trump claims that there was no breakdown of the payments.

            In reality, the $420k was a reimbursement as the note from Weisselberg shows in detail. There was $130k for Daniels, and $50K for Red Finch for a total of $180k. This was doubled to $360k to account for the taxes that were owed, and then Weisselberg added $60k to replace the reduction that had been to Cohen’s annual bonus. That brought the total up to $420K.

            Now, Cohen received $50k that was to reimburse him for the payment he had supposedly already made to Red Finch. Actually, Cohen had not yet made that payment, but did not tell Weisselberg. Cohen then paid Red Finch $20k and pocketed $30k for himself. Cohen admits this and admits that he stole the money from Trump.

            The problem is that Trump denies knowing anything about these payments. He was simply paying a monthly retainer. If Trump was simply making good faith payments of $35k a month for legal services then it would not be possible for Cohen to steal anything.

            However, if the payments really were REIMBURSEMENTS, which they were according to the prosecution, then Cohen clearly Cohen stole the $30k. He admits this.

            A theft could only have been possible if everyone knew that the payments were REIMBURSEMENTS, and not legal fees. This is the prosecution’s case and Blanche proved it by relentlessly accusing Cohen of theft.

            1. “This was doubled to $360k to account for the taxes that were owed, and then Weisselberg added $60k to replace the reduction that had been to Cohen’s annual bonus. That brought the total up to $420K.” So, it was more than a reimbursement. It was payment for legal services and expenses (which an attorney is entitled to recover).

        3. But I thought the defense position is that Trump simply made good faith monthly payments to Cohen for legal services rendered. Cohen simply invoiced Trump at a flat rate of $35,000 a month pursuant to a retainer agreement and Trump paid in good faith. The payments were absolutely not reimbursements for any specific purpose or amount. Am I right??

          You are wrong. As far as I know the defense has never claimed there was a retainer, nor denied that the payments included reimbursement of money Cohen had laid out for Trump. ALL such moneys were properly tagged in the ledger as “legal expenses”. Any money paid to a lawyer against his invoice is properly tagged as “legal expenses”.

    3. David,

      Closing arguments are not held until both sides have rested their cases. The defense hasn’t put on its case yet much less rested.

      However, with a real judge rather than a political cartoon Trump would not have to put on a case because the state failed to make a prima facie case, or even identify an actual crime, so the motion to dismiss or direct a verdict of acquittal would be granted.

      Between Bragg, Engoron, and Lee I wonder if there are any judicial standards in New York anymore. Seems not and I think the state will suffer for it. It looks very like a corrupt foreign country that prudent investors will want to avoid. Would you establish a billion dollar company in a jurisdiction where any of these political hacks has sway? They make Willie Sutton look an upright citizen except for his little thing with banks.

  5. Why does it take four years to investigate Joe Biden’s corruption scandal, complete with 20 shell companies and 200 bank accounts to launder money from foreign bribes, when Hunter Biden’s laptop was available before the 2020 election?

    https://oversight.house.gov/release/comer-reveals-how-joe-biden-received-laundered-china-money/

    https://oversight.house.gov/release/comer-releases-direct-monthly-payments-to-joe-biden-from-hunter-bidens-business-entity%EF%BF%BC/

    Following subpoenas to obtain Biden family associates’ bank records, Chairman Comer issued subpoenas for Hunter and James Biden’s personal and business bank records. The House Oversight Committee has identified over 20 shell companies and uncovered how the Bidens and their associates raked in over $24 million dollars between 2015 and 2019 by selling Joe Biden as “the brand.” Financial records obtained show Hunter Biden’s business account, Owasco PC, received payments from Chinese-state linked companies and other foreign nationals and companies.

    Payments to Joe Biden from Hunter’s Owasco PC corporate account are part of a pattern revealing Joe Biden knew about, participated in, and benefited from his family’s influence peddling schemes. As the Bidens received millions from foreign nationals and companies in China, Russia, Ukraine, Romania, and Kazakhstan, Joe Biden dined with his family’s foreign associates, spoke to them by speakerphone, had coffee, attended meetings, and ultimately received payments that were funded by his family’s business dealings.

    1. The statute of limitations for bribery is 5 years. Could this be the pace of the investigation into the Biden Family’s corruption?

      1. @Karen you ask… so here goes…

        It takes more than 4 years to investigate this because POTUS has his finger on the scale, not to mention DoJ is completely liberal biased.

        So there is a conspiracy to protect the Bidens.
        That’s part of the problem.
        Even though we all see the conspiracy.. it takes a judge to actually rule that it exists.

        The becomes important because when you have a conspiracy, the clock stops.

    2. @karen, because they haven’t found evidence to support any of the allegations.

      1. There is zero doubt at all that Burisma wanted Shokin fired.
        There is zero doubt that Hunter was paid to accomplish that.
        There is zero doubt that VP Joe got Shokin fired.

        All of that is either from public record information or the private communications of Hunter Biden.

        That is the absolute bare minimum necescary to prove bribery.
        But it is FAR from all the evidence that exists.

        In the past week it has been revealed purportedly that the Biden’s have undisclosed offshore bank acccounts.
        and the IRS is aware of this. Because the IRS is involved only the house ways and means committee can subpeona the IRS.
        That will take time, but the process has been started.

  6. Hur determined that Joe Biden stole classified documents for years, both as a Senator and VP. He protected him from prosecution, which was not his purview, by claiming he was mentally incompetent, a “well-meaning elderly man with a poor memory.”

    Why would Hur believe Joe Biden was “well-meaning”? The over 200 bank accounts Joe Biden used to launder foreign bribes would speak otherwise.

    Joe Biden recently claimed that he was VP under President Obama during Covid, and that he was sent to Detroit to “fix it.” The cat’s out of the bag about his mental incompetence. The DNC worked against other Democrat candidates who tried to run against President Biden in the primaries. Since voters have stacked Congress with total nitwits, who say things like one’s eyelashes must be interfering with her reading, or “Girl, baby girl” I don’t play, or ya’ll talk sh!t but can’t take it, then I have zero confidence that cognitive decline of the Democrat candidate would stop very many Democrats from voting for him.

    1. Wow! Karen S just gave us the Cliffs Notes version of Fox Faux News for today. The House Oversight Committee is ridiculous and has degenerated into a Washington version of Jerry Springer. The House under Republican control has set a record for being the least productive in history. But hey— Karen S has to have her daily affirmation.

      1. Is there an error in Karen’s remarks ?

        If not then what you are saying is that Fox has been reporting consequentially and truthfully.

        The Cat fight in the house was inappropriate.
        MTG should not have mentioned AOC’s false Eyelashes,
        AOC and several Democratic women should not have responded with even more inappropriate remarks.

        It was not a good day for women.

        The house is doing fine. The best thing that congress could do would be pass no more new laws for a decade – and possible spend that decade repealing laws.

        Regardless, they have conducted lots of hearings and exposed lots of government misconduct.

        That is their job. That is being productive.

        There are things that people want out of Congress – nearly all of those are things Republicans have sought to accomplish and democrats have thwarted.

    2. @Karen,
      You can’t mix the two cases together.

      The espionage act is due to the classified documents going back to when Pedo Joe was just a Senator.
      So that’s one issue.

      The pay to play, bribery … that’s a different kettle of fish.

      -G

  7. Robert Hur concluded that Biden was an old feeble man with a poor memory based on his demeanor and behavior more than the absolute words spoken. The transcript hides these details. Biden’s Handlers dont want Americans to know Biden is gone memtally

    1. Joe Biden recently declared that he was VP under President Obama during the Covid pandemic, and that Obama sent him to Detroit to “fix it.” The cat’s out of the bag that President Biden has suffered serious cognitive decline.

      Unfortunately, most of the media runs as Democrat PR, and are not spending time on Biden’s mental incapacity.

  8. Democrats can still jettison Biden as an ‘August Surprise’ [An Opinion Piece]
    At a certain point, none of this makes sense.
    “This” being President Joe Biden officially becoming the Democratic nominee for president come the convention in August. The number of Democrats who are honestly thrilled by that eventuality would not fill a Mini Cooper.
    By: Douglas MacKinnon, opinion contributor ~ May 18th 2024
    https://thehill.com/opinion/campaign/4671526-democrats-can-still-jettison-biden-as-an-august-surprise/

    Here’s How an Open Democratic Convention Would Work [An Opinion Piece]
    … I made the argument that Democrats should pick a candidate at the convention this year. That Joe Biden is capable of doing the job of president but that his campaign is not going well, that it is not clear, to me, at least, that he is capable of running successfully for president. …
    Ezra Klein -The Ezra Klein Show ~ Feb 21st, 2024
    https://www.nytimes.com/2024/02/21/opinion/ezra-klein-podcast-elaine-kamarck.html

    Referance: National Conventions
    Political parties hold national conventions to select presidential and vice presidential nominees. Learn how the national conventions work.
    [Link] usa.gov/national-conventions

    1. Sorry NYT is Pay-Walled Off – re:

      Here’s How an Open Democratic Convention Would Work [An Opinion Piece]
      … I made the argument that Democrats should pick a candidate at the convention this year. That Joe Biden is capable of doing the job of president but that his campaign is not going well, that it is not clear, to me, at least, that he is capable of running successfully for president. …
      Ezra Klein – The Ezra Klein Show ~ Feb 21st, 2024

      Audio Interview: Here’s How an Open Democratic Convention Would Work (Elaine Kamarck) – MP3
      https://nyt.simplecastaudio.com/3026b665-46df-4d18-98e9-d1ce16bbb1df/episodes/0f5e1f46-83e2-4b70-81d0-377a3249e490/audio/128/default.mp3/default.mp3_ywr3ahjkcgo_7812d414b2bdeab3d45aefe97eaa2886_63087876.mp3?aid=rss_feed&awCollectionId=3026b665-46df-4d18-98e9-d1ce16bbb1df&awEpisodeId=0f5e1f46-83e2-4b70-81d0-377a3249e490&feed=82FI35Px&hash_redirect=1&x-total-bytes=63087876&x-ais-classified=unclassified&listeningSessionID=0CD_382_140__fd8fb1e7ea6ae5d94006667db9b7027c61a97a77

      Book (.pdf): Elaine Kamarck – 2019
      Primary politics everything you need to know about how America nominates its presidential candidates
      https://library.lol/main/6E9EE34463B90C0231A05CAC8D723EAF

  9. Jonathan: Well, thankfully, Todd Blanche is finished with his cross of Michael Cohen today. I say “thankfully” because Blanche lost the narrative with the jury days ago. One reporter inside the courtroom said: “Multiple jurors rubbed their eyes. Others have been resting their heads on their hands”. Another reported said “some jurors looked bored…”. Not a good look for Blanche and his cross. When you lose a jury’s attention you don’t show the skills necessary for a proper cross examination. In his final Q for Cohen, Blanche asked the witness this.

    “Blanche: And your testimony remains the same as you gave last Tuesday…you remember having a conversation with the candidate Donald Trump about Stormy Daniels?
    Cohen: Yes
    Blanche: No doubt in your mind?
    Cohen: Yes
    Blanche: I have no further questions

    Woops! Blanche committed the cardinal rooky mistake. Any experienced criminal defense attorney will never let a key witness basically confirm all his damaging testimony about the client–especially as the last Q under cross. That leaves the jury with an indelible impression that won’t go away. Blanche seems to be performing the job of the prosecutors on redirect–allowing the witness to confirm everything he said on direct. Poor Todd. He has been over his head since day one of the trial!

    By the way, today DJT used a break in the trial to talk to reporters. DJT said Alan Dershowitz was behind him to show support for his previous client. As part of the Dershowitz, et al defense team, why weren’t you there to support DJT as well?

    1. trump has said Turley’s name several times, every lawyer trump has called on for their support works for FOX.

      1. Cooper wasn’t the only one at CNN who thought Cohen’s testimony was a gift for Donald Trump. CNN legal analyst Stephen Collinson noted that Trump “got to savor his former fixer-turned-enemy Michael Cohen wobbling on the stand under a fearsome cross-examination.”

        NYU law professor Ryan Goodman also told CNN’s Erin Burnett that Cohen’s testimony was devastating for the prosecution. “If the case ended today and there were final statements, I think there would not be a conviction

    2. Are you talking about when Michael Cohen admitting to stealing money from Trump?

    3. Dennis—Turley wasn’t there because he was appearing on Fox, reassuring the faithful that Trump will be acquitted.

  10. “Dementia Joe” Biden could not remember the name of the college where he was speaking yesterday.

    “Dementia Joe” Biden will undoubtedly sound much worse and much more demented on the Hur audiotape, which will immediately be sent down to audio for mass replication and nationwide broadcast.

    The questions for Aninny are what are you so afraid of and why are you panicking?

    1. “Dementia Don” had a 30- second “deer in the headlights “ moment when he was speaking to the NRA.

  11. Professor Turley Writes:

    “Biden is withholding the audiotape of his own interrogation by Special Counsel Robert Hur, even though the transcript has been released as unprivileged”.
    ……………………………………………

    This passage begs an obvious question: “If the transcript has been released as ‘unprivileged’, why is the audio so crucial?”

    Do Republicans think the transcript was fudged to cover for Biden? If so, Republicans are then accusing Special Counsel Hur of being part of the suppression effort.

    Professor Turley himself offers no explanation to articulate what the audio would add that isn’t in the transcript. And apparently readers shouldn’t be bothered wondering the obvious.

    The obvious might be that Republicans hope Biden sounds feeble and confused on the audio. Those sound bites could then make their way to social media for millions of plays. Donald Trump, of course, would be the first to post them.

    And what else did Turley write that stood out like a– Oh, yeah, this part: “The invocation of privilege over the audiotape is so transparently political and cynical–

    One could change this passage to: “The demand for this audiotape is so transparently cynical–

    1. Hur has already been shown to be corrupt and part of the “cover for senile pedo Joe” cabal.

    2. You can only pump up a worn out tire so many times before it just stays flat!

    3. Republicans are then accusing Special Counsel Hur of being part of the suppression effort.

      Truth sucks when your a leftist

  12. Trump just lost !!!!!!

    Costello tried to put on a performance to impress Trump.

    It backfired BIGLY !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    1. And useless government workers and the teat sucklers rejoiced momentarily as their meaningless existences appeared to be funded for a few more years.

    2. Left wing nuts continuining this idiocy that Costello is a Trump supporter.

      He is not. He is a former US attorney with more than 20 years experience – under republican and democrat AG’s.
      He is now a criminal defense lawyer that takes high profile federal cases.
      His clients have been republicans and democrats.
      Trump has never been a client.

      Costello is well connected with SDNY. He can or atleast could take most of the Mueller team to dinner anytime he wanted.

      From what I have heard the Judge lost it with Costello – that is Merchan’s problem.
      And it is a mistake.

      Costello’s credentials and legal accumen and repuutation for integrity are superior to Merchans by a mile.

    3. “Trump just lost !!!!!!”
      ATS do you ever tire of being wrong ?

      Today was a disastrous day for Bragg possibly the worst of the entire trial.

      And Merchan is whigging out – he might actually be FORCED to grant a mistrial or a directed verdict – the effect of either would be the same.

      Cohen was a piss poor witness from the start. Confessing to stealing 60K from trump as part of this, and to secretly paying people with bags of cash, is a far more serious crime than Trump is accused of – and Cohen has confessed.
      Worse still Cohen has testified to doctoring invoices to steal from Trump.

      Do you really expect that a Jury is going to beleive that Trump was busy conspiring with Cohen to create bogus business recorrds, when Cohen was lying to Trump about the same records to steal from him ?

      Cohen has blown up the entire trial.

      And Merchan KNOWS that and took it out on Costello.

  13. Garland would look pretty in pink shackles.

    Lock him up!

    …..

    The House is poised to vote on two contempt resolutions against Attorney General Merrick Garland as early as next week, but Republicans are already preparing alternatives if the Justice Department declines to bring criminal charges against its leader.

    “Another route that GOP members may take is to take up a long-dormant House contempt power under a resolution from Rep. Anna Paulina Luna (R-FL). In May, she announced an “inherent contempt” resolution against Garland, which differs from the committees’ proceedings.

    Luna’s resolution relies on the power to allow the House to detain and imprison someone until they comply with the congressional demand. Under the process, which hasn’t been used since 1935, the person being held in contempt could be arrested by the sergeant-at-arms and brought to the House floor for trial, and can be imprisoned or detained in the Capitol.

    Luna’s office confirmed to the Washington Examiner that Luna’s resolution is still active. The Florida congresswoman spoke about her resolution during the Oversight hearing on Thursday night, which was moved from the early morning to later that night to accommodate Luna and other members’ trip to New York to be at Trump’s hush money trial.

    “I fully intend to hold Attorney General Merrick Garland in inherent contempt of Congress if the DOJ does not do their job,” Luna said in a post to X late Thursday.”

    https://www.washingtonexaminer.com/news/house/3008247/contempt-congress-garland-hur-audio-house-gop/

    1. Republicans hate women so much they elected Luna, a Hispanic American woman raised in a Jewish household and served in the military

      More proof republicans can’t even succeed as misogynists and racists

  14. Let’s see if I have this right_-Turley is complaining about Merrick Garland running out the clock on the demand by Republicans for the audio tape of an interview for which they already have a certified transcript? WHY are they demanding the audio tape? Uh, Turley, WHERE is the legal authority for an audiotape when there is a transcript available? And, Turley, if you want to talk about the tactic of running out the clock–why not talk about Trump and his dilatory motions, frivolous appeals and other foot-dragging to avoid responsibility for his criminal conduct, aided and abetted by the 3 Federalist Society judges on the SCOTUS and Cannon, also vetted in Florida, all of whom are doing everything possible to delay justice?

    Oh, an on the anticipated lies Trump will tell at the debates about his economic record–something he’s already started lying about by claiming the “best economy” in American history–here’s an excerpt from the Associated Press economic analysts:

    “But the economic numbers expose a far more complicated reality during Trump’s time in the White House. His tax cuts never delivered the promised growth. His budget deficits surged and then stayed relatively high under Biden. His tariffs and trade deals never brought back all of the lost factory jobs.

    And there was the pandemic, an event that caused historic job losses for which Trump accepts no responsibility as well as low inflation — for which Trump takes full credit.

    If anything, the economy during Trump’s presidency never lived up to his own hype.

    DECENT (NOT EXCEPTIONAL) GROWTH

    Trump assured the public in 2017 that the U.S. economy with his tax cuts would grow at “3%,” but he added, “I think it could go to 4, 5, and maybe even 6%, ultimately.”

    If the 2020 pandemic is excluded, growth after inflation averaged 2.67% under Trump, according to figures from the Bureau of Economic Analysis. Include the pandemic-induced recession and that average drops to an anemic 1.45%.

    By contrast, growth during the second term of then-President Barack Obama averaged 2.33%. So far under Biden, annual growth is averaging 3.4%.

    MORE GOVERNMENT DEBT

    Trump also assured the public that his tax cuts would pay for themselves because of stronger growth. The cuts were broad but disproportionately favored corporations and those with extreme wealth.

    The tax cuts signed into law in 2017 never fulfilled Trump’s promises on deficit reduction.

    According to the Office of Management and Budget, the deficit worsened to $779 billion in 2018. The Congressional Budget Office had forecasted a deficit of $563 billion before the tax cuts, meaning the tax cuts increased borrowing by $216 billion that first year. In 2019, the deficit rose to $984 billion, nearly $300 billion more than what the CBO had forecast.

    Then the pandemic happened and with a flurry of government aid, the resulting deficit topped $3.1 trillion. That borrowing enabled the government to make direct payments to individuals and small businesses as the economy was in lockdown, often increasing bank accounts and making many feel better off even though the economy was in a recession.”

    Trump keeps on lying about his economic record because he has to–the truth is too painful. But, considering his OWN economic record–6 bankruptcies, endless debt and multiple failed business ventures, it’s not surprising at all. He wants people to forget the refrigerated trucks hospitals had to get to store corpses in, closed down schools, businesses and restaurants and lost jobs because of his lack of leadership and lying about the seriousness of COVID. Obama and Biden both have a much better economic record and both inherited a poor economy from their Republican predecessors. Trump INHERITED a robust economy–which he proceeded to destroy. In fairness, voters should consider the state of the American economy when Biden and Trump took office and the condition of the economy under their guidance. Trump can’t do that, and he can’t blame his failures on COVID, either, because most other countries did much better.

    1. NUTCHACHACHA, isn’t there somewhere you can go where you might enjoy some degree of a sense of achievement, like, say, a free Palestine rally, a BLM riot, the NAACP Headquarters, an abortion clinic, or an insane asylum?

      All you can hope to accomplish on this site is to further motivate Trump voters.

    2. NUTCHACHACHA and all illegal alien invaders are panicking over the prospect of the introduction of historical deportation policies to be executed with extreme prejudice by the next administration. 

      Compassionate Repatriation

      IS

      Reparation. 

    3. JT and trump supporters are extremely simple minded.

      trump is a god, can do no wrong, must be worshiped no matter what he does and says
      Everyone else in the world is evil and should die.

      Simple isn’t it.

      1. Only from a left wing nut.

        I have no idea if Trump had sex with Daniels. I do not think the testimony regarding that was compelling.

        But there is absolutely zero doubt that Trump has repeatedly been unfaithful to his wives.

        I can list many other things about Trump that are problematic.

        I did not think Trump had a snowballs chance in h311 of winning the GOP primary.
        I thought he was dead when he attacked McCain as a POW. I have political issues with John McCain – but he is a genuine war hero, and not just because of his behavior as POW.

        I know of very few people who defend Trump unconditionally.

        I know of no one that worships him, thinks he is a god or that he can do no wrong.

        I can list a number of things Trump has done wrong.

        But there are TWO critical facets of Trump.
        The first is that without consequential exception even on those things Trump is wrong, Democrats are worse.

        We do not get the perfect candidate for president. In my lifetime – I have not seen a single candidate that did not have problems.
        Trump is no exception.

        The next critical factor regarding Trump which distinguishes him from most Republicans
        Is best expressed by Lincoln when he was faced with extensive criticism of Grant.
        “Can not spare the man, he fights”.

        For longer than I have been alive Republicans have been at best a slow retreat against Democrats who have been near universally trying to vastly ramp up the power of government. Trump is not going to stop that – but he is atleast willing to put up a fight.

        The Manattan trial has been an absolute disaster for Democrats – they should feel fortunate that most people are not paying attention.
        Even MSM anchors and experts are noting this has been a complete disaster for Bragg.

        Each day here we get left wing nuts like you telling us arround noon how badly the Trial is going for Trump.

        Today when Blanche told Merchan that he will be asking for a directed verdict even merchan’s remarks exposed the proscution fell far short on this case.

        Now we are starting to hear even more “experts” from the left saying this was a disaster and Trump comes out stronger – not weaker.

        I am still not convinced that a Manhattan Jury will not convict no matter what. But experts from the left are starting to say that a hung jury is likely and an acquital is even possible. Frankly, I am not sure that Merchan is not ready to throw in the towel and grant a directed verdict. He has botched this trial in so many ways. I am not sure Merchan wants to read the appelate decisions chastizing him.
        A directed verdict assures there will be no appeals, and leaves the pretense that he is not corrupt.

        I still would not bet money on that.

        But Trump is rising in the polls again. I do not think there is any outcome in this case that can hurt Trump – atleast not more than temporarily.
        I think ALL outcomes will make him stronger.

        With the mess in GA that preceded this and the disaster that is this case – I think the Trump lawfare may be over.
        This was a disasterous spectacle that made Biden look Bad, made Brag look bad, made democrats look bad,
        Everybody lost EXCEPT Trump.

        Democrats trapped Trump is Manhattan for 4 weeks. And fell further behind in all swing states.

        There are stories that major donors are fleeing Biden. The election may be over – I suspect that may be premature.
        But Biden is out of tricks in his bag of tricks.
        The economy is worsening. Biden himself is worsening.

        There was a big fight over the video of Biden’s interview with Hurr here – but those on the left do not seem to grasp that the reason Biden is fighting the release of that video is NOT because Trump and republicans will use it – though they will.
        But because right now his political fight is to survive the Democratic convention.

        Democrats rallied around him in 2020 in the hopes he could beat Trump – pretty much every single other Democrats was going to lose BADLY – and nothing would fix that. But there was a remoted possibilty that with Covid and mailin voting and rioting, and shutdowns, and democrats and the left unified in dragging grandpa joe over the finish line – that maybe Joe could win.
        And with alot of help – much of it illegal – Joe did.

        But it is not 2020. And Joe is probably the worst president in US history, likely fairly far into dementia, and he can not win.

        This lawfare was the democrats last hope. And that has backfired.

    4. “Let’s see if I have this right…” Look toots, whatever “this” is isn’t gonna be right, same as every other day.

      GIGO

    5. Uh, Turley, WHERE is the legal authority for an audiotape when there is a transcript available?

      An investigative body ALWAYS demands the source. (unless your the FBI investigating hacked e mails, then no, you take a 3rd parties word on it)

    6. “WHERE is the legal authority for an audiotape”
      Congressional oversite of the executive – specifically DOJ.

      SC Hurr concluded that Biden could not be prosecuted because he was a forgetful old man.

      If that is NOT true – the house can impeach because Hurr found that Biden had committed MANY very serious violations of the espoionage act as a senator and VP.

      If that is true – how feeble is he ? If he is unable to aide in his own defense, if he is unable to have mens rea, then he is no loger fit to be president.

      Separately the DOJ transcript has numous places it says the audio is unintelligable.

      JUst as with Nixon -0 the house is free to determine that on its own.

    7. You may not like this – but it is a big deal.

      The Biden admin has waived Trump’s executive priviledge claims in far clearer cases.
      Meadows Bannon and Navarro were direct presidential advisors which is EXACTLY the instance where Executive priviledge is the strongest and clearest.

      Hurr is NOT a presidential advisor. There is no executive priviledge regarding his communictions with the president.
      He has NO role providing the president advice.

      Biden is going to lose this – it is merely a question of time.

      He is likely to lose this before the election, The big deal is not delaying this until November,
      It is actually preventing Democrats from replacing Biden at the convention.

      Democrats are saying that Republicans will make campaign adds from this.

      Certainly they will – and they will be effective.

      Biden is president – his mental competence is fair game for congress and voters.

      Everything that is political is not wrong.

      Bit nearly everything from the left is.

    8. The AP is not a source for economic analysis.

      Budget deficits by year

      2015: -2.4% (Budget Deficit)
      2016: -3.2% (Budget Deficit)
      2017: -3.5% (Budget Deficit)
      2018: -3.8% (Budget Deficit)
      2019: -4.6% (Budget Deficit)
      2020: -14.9% (Budget Deficit)
      2021: -12.3% (Budget Deficit)
      2022: -5.5% (Budget Deficit)

      The federal government ran a deficit of $1.7 trillion in fiscal year 2023, $320 billion (23%) more than FY2022’s deficit.

      The federal budget deficit is expected to continue to grow in the coming years, with the Congressional Budget Office projecting a federal budget deficit of $1.6 trillion for 2024.

    9. Biden had a SINGLE years of decent growth – 2021 – which was a continuation of the Post lockdown economic recovery
      Eliminate 2021 or even just the first few qtrs of 2021 and Bidens inflation adjusted growth has been poor – comparable to Obama.

    10. Gigi

      The revenues came in higher than the estimate pre tax cut and the deficits were higher due to more than expected spending.

      Bidens deficits are still substantially higher than Trumps

      And for the love of god, why do they need to withhold the audio if the transcripts are already public. If the transcripts are accurate, the tapes would merely confirm this and actually support bidens claims

    11. Trump’s claim to have had excellent economic growth is FALSE.
      But if you change the claim to the best growth of the 21st century – it is correct.

      The nation was headed towards recession when Trump was elected.
      It is headed towards recession now.

      Trump exagerates his accomplishments – the ONLY reason that Trump looks good economically – is because it has been more than two decades since we have see a strong stable economy.

      But that does not change the fact that for all 21st century presidents performance by Growth has Obama at the bottom followed by Bush and then Trump. if 2024 continues as predicted – Biden will fall between Trump and Bush and Obama. But if trends continue – Biden will with certainty be the worst president of the 21st century.

      I would further note that the Growth that Trump delivered – was the Growth that Democrats keep promising – growth in real income for wage earners. Possibly the largest EVER.

      While Biden has delivered with Republicans are accused of – the rich getting richer and the poor getting poorer.

  15. Cohen’s bombshell admission could lead to hung jury, if not acquittal: expert
    Former Trump attorney Michael Cohen admitted Monday that he stole thousands from the Trump Organization
    By: Emma Colton – Fox News ~ May 20, 2024
    https://www.foxnews.com/politics/cohens-bombshell-admission-could-lead-hung-jury-if-not-acquittal-expert

    Video Link – Jonathan Turley Take Away:
    https://vod.foxnews.com/media/v1/pmp4/static/clear/694940094001/b091a606-6d1c-4a9d-b65e-a368f468eb73/92bed0f0-79ed-463f-ab72-e5d5473db719/main.mp4

    1. Video Links – Fox News May 20, 2024

      Prosecutors are using Michael Cohen’s failure as a basis to convict his client: Jonathan Turley
      Constitutional law attorney Jonathan Turley says he was ‘struck’ by one-sided rulings in NY v. Trump on ‘America Reports.’
      Jonathan Turley – America Reports | Fox News ~ May 20, 2024
      [Link] foxnews.com/video/6353310871112

      [Link] vod.foxnews.com/media/v1/pmp4/static/clear/694940094001/b091a606-6d1c-4a9d-b65e-a368f468eb73/92bed0f0-79ed-463f-ab72-e5d5473db719/main.mp4

      Trump attorney ‘surprised’ by how ‘deep’ Cohen cross-examination went
      Trump legal spokesperson Alina Habba says the New York case against Trump came when the former president announced his 2024 presidential bid and reacts to Michael Cohen admitting to stealing from the Trump Organization.
      Alina Habba – America Reports | Fox News ~ May 20, 2024
      [Link] foxnews.com/video/6353307851112

      [Link] vod.foxnews.com/media/v1/pmp4/static/clear/694940094001/c741bd94-41b7-4b6f-a164-8122529fcb0b/97d81bf6-c623-48a9-8641-118ea9196de2/main.mp4

      Michael Cohen’s cross-examination has been a ‘total disaster for the state’: Kerri Urbahn
      Fox News legal editor Kerri Kupec Urbahn explains the possible impact of Michael Cohen’s testimony in the NY v Trump trial.
      Kerri Urbahn – America Reports | Fox News ~ May 20, 2024
      [Link] foxnews.com/video/6353307342112

      [Link] vod.foxnews.com/media/v1/pmp4/static/clear/694940094001/12027204-f182-4057-ba6a-1d018c79520f/d9d246c7-feca-40ac-ae18-b96e556e0ae3/main.mp4

      OLDER VIDEOS: See Dates

      It appears Cohen committed perjury again: Jonathan Turley
      Fox News contributor Jonathan Turley joins ‘Hannity’ to discuss former Trump lawyer Michael Cohen’s history of lying and the lack of evidence that any crime was committed in the case.
      Jonathan Turley on Hannity | Fox News ~ May 14, 2024
      [Link] foxnews.com/video/6352926377112

      [Link] vod.foxnews.com/media/v1/pmp4/static/clear/694940094001/13499ef3-e140-4502-bac9-1d940ec0e4c8/8715f4aa-b9d9-44ab-9216-9be37f33d747/main.mp4

      The Trump jurors looked ‘stunned’ in court: Judge Jeanine Pirro
      ‘The Five’ co-host Judge Jeanine Pirro joins ‘The Story’ to discuss the phone call between former Trump deputy assistant Keith Schiller and former Trump lawyer Michael Cohen.
      Judge Jeanine Pirro – The Story | Fox News ~ May 16, 2024

      [Link] foxnews.com/video/6353036505112

      [Link] vod.foxnews.com/media/v1/pmp4/static/clear/694940094001/74ba61f3-112b-4dc2-b8d5-5043646dea5a/f7327ff8-33f0-4e5d-a2f2-ddd7d4beb791/main.mp4

  16. Looks like Costello may have been lying about not wanting Cohen as a client. Prosecution entered into evidence text messages saying otherwise. Oops.

    I should apologize, I realize this is off topic. The events of the trial have been too good to not mention.

  17. Of course now with the press out of the room. Eric Trump is now saying Judge Merchan is not letting Costello testify, but that is after Costello has been warned multiple times about this behavior and not observing court decorum. It’s easy to say what supposedly happened without anyone able to corroborated it. It seems Costello kept losing his cool every time the prosecution objected to what he was saying because he was not sticking to the narrow rules Merchan set for Costello, that is only things pertaining to the case.

  18. Speaking of double standards, Congress holding a Biden appointee in contempt and that Democrats will rue the day of double standards, lying and accusing others of being a threat to US Democracy™ ……

    Senate Democrat Brown Seeks Ouster of FDIC Chairman

    Ohio Sen. Sherrod Brown said that after reviewing the report and hearing from additional FDIC employees, “I am left with one conclusion: there must be fundamental changes at the FDIC. Those changes begin with new leadership, who must fix the agency’s toxic culture and put the women and men who work there—and their mission—first.”

    https://www.wsj.com/politics/policy/top-senate-democrat-sherrod-brown-seeks-ouster-of-fdic-chairman-ab7fed5f

    It is not clear why Senator Sherrod Brown is stating that the FDIC agency has a toxic culture. The FDIC Chairman, Martin Gruenberg, has merely followed in the footsteps of Joseph Biden and Bill Clinton. It’s not like his wife is a member of a white supremacist country club like Democrat Senator Sheldon Whitehouse

    🤷🏽‍♂️

    Democrat senator refuses to leave all-white private beach club despite championing racial justice

    Democratic US Senator Sheldon Whitehouse has apologised for – but has not left – an elite private beach club that refuses to accept anyone who is not white.

    https://www.independent.co.uk/news/world/americas/us-politics/sheldon-whitehouse-senator-beach-club-b1870050.html

  19. It’s funny how big of a contrast between Costello and Cohen behaving in court. Both are lawyers and Costello has been behaving like a spoiled child and being disrespectful toward a court decorum. Costello is making Cohen look competent given the stark differences in behavior. Cohen’s calm and collected demeanor is a sharp contrast to Costello’s contemptuous demeanor towards the court. That’s not what you want to be displaying in front of a jury.

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