Biden Sues to Block Release of Interview Recordings

Former President Joe Biden has taken legal action against the Justice Department. He aims to prevent the release of audio recordings and transcripts from an interview with a ghostwriter. These recordings were acquired during a special counsel investigation into Biden’s handling of classified documents.

Biden’s legal team filed a lawsuit in a Washington federal court. The Justice Department plans to release the files to Congress and the Heritage Foundation, a conservative group. Initially, the department argued the files were exempt from disclosure under public records law. Biden’s attorneys argue releasing the files would be “an unwarranted invasion of President Biden’s privacy.” They assert every citizen, including sitting or former vice presidents, has a right to privacy in personal conversations at home.

The recordings and transcripts in question document interviews from 2016 and 2017. Biden had these interviews at his home with Mark Zwonitzer, who collaborated on his memoirs. Special counsel Robert Hur reviewed these files as part of his investigation into the improper retention of classified documents from Biden’s time as a senator and vice president.

“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home.”

Hur’s investigation produced a 345-page report. Although it questioned Biden’s age and mental competence, it did not recommend criminal charges. Hur stated the evidence was insufficient for prosecution.

Biden has also fought against releasing a separate audio of his interview with Hur. In 2024, the House voted to hold Attorney General Merrick Garland in contempt of Congress. This move came after the White House used executive privilege to shield this audio from Congress. Meanwhile, transcripts of Biden’s five-hour interviews with federal prosecutors were released that year.

During those interviews, Biden emphasized his serious treatment of classified information. However, the transcript shows he was occasionally unclear about dates and details. He admitted unfamiliarity with the paper trail of some sensitive documents.

Republicans argue Biden received preferential treatment from his Justice Department. They feel Trump was unfairly targeted by prosecutors. Democrats highlight Biden’s cooperation with the investigation. They contrast this with Trump’s separate case, where he allegedly refused to return classified documents at his estate.