A federal appeals court has rejected former President Joe Biden’s effort to stop the Justice Department (DOJ) from releasing redacted transcripts and audio recordings of his conversations with his longtime memoir writer, clearing the way for the materials to potentially be provided to the Heritage Foundation.
The U.S. Court of Appeals for the District of Columbia Circuit delayed the effect of its decision until Aug. 3 to allow Biden time to pursue additional appeals.
The D.C. Circuit ruled 2-1 Monday that Biden had not shown that the requested materials should remain withheld.
The majority opinion stated that Biden had not demonstrated “a likelihood that the requested materials must be withheld from disclosure.”
Judges Sri Srinivasan and Gregory Katsas formed the majority, while Judge Florence Pan dissented.
The recordings date back to 2016 and 2017, when Biden met with biographer Mark Zwonitzer while working on his memoir, “Promise Me, Dad.”
The DOJ obtained the recordings during former special counsel Robert Hur’s investigation into Biden’s handling of classified documents after his vice presidency.
Hur’s 2024 report referenced the conversations and described Biden’s memory and recollection abilities during the interviews.
Following the release of Hur’s report, the Heritage Foundation submitted a Freedom of Information Act request seeking materials used by the special counsel, including portions related to Biden’s recorded conversations with Zwonitzer.
The DOJ initially withheld the recordings and most transcripts, citing FOIA exemptions, but later moved toward releasing the materials to Congress and the Heritage Foundation after President Donald Trump returned to office, according to CBS News.
Biden intervened in a lawsuit brought by the Heritage Foundation seeking access to the records and asked courts to block their release.
His attorneys argued the conversations were private discussions never intended for public distribution and compared the disclosure of the recordings to releasing personal communications.
They also argued there was no urgent public interest because the conversations occurred nearly a decade ago and Biden is no longer serving as president.
DOJ officials argued that releasing the records would allow the public to independently evaluate the evidence behind Hur’s findings.
Department lawyers told the court that releasing the materials would allow the public to evaluate the basis of Hur’s conclusions.
The appellate court noted that the records had been redacted to remove sensitive personal information, including references to private individuals, health matters, and family issues.
In its ruling, the majority found that the remaining privacy concerns did not outweigh the public interest in disclosure.
The court said the redacted material largely involved topics such as Biden’s discussions of foreign policy and his decision not to run for president in 2016, which had already been addressed publicly through Hur’s report and Biden’s memoir.
Judge Pan, who was nominated by Biden, disagreed with the ruling and argued the former president had a significant privacy interest because the conversations occurred inside his home and were obtained during a government investigation that did not result in criminal charges.
She wrote that allowing the release would effectively resolve the case before Biden had further opportunity to appeal, according to ABC News.
The dispute stems from Hur’s investigation into Biden’s handling of classified documents, which became politically significant after the special counsel declined to recommend charges while raising concerns about Biden’s memory and recollection.
The report drew national attention after describing Biden as a “well-meaning, elderly man with a poor memory,” though Biden denied wrongdoing.
The appeals court’s decision does not immediately release the recordings because of the temporary stay through Aug. 3. Biden’s legal team can seek additional review before that deadline.
