A federal appeals court has rejected former President Joe Biden's emergency request to block the release of audio recordings and transcripts from special counsel Robert Hur's classified-documents investigation. The decision by a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that any remaining privacy concerns likely do not outweigh the public interest in disclosure.
The court has maintained a temporary block on the materials through August 3, allowing Biden time to pursue further review.
Context of the Investigation
The Justice Department obtained recordings of Biden's conversations with Mark Zwonitzer, the ghostwriter for his memoir "Promise Me, Dad," from 2016 and 2017. Hur's team reviewed these materials, including transcripts, as part of its investigation into Biden's handling of classified information from his time as vice president and a senator.
While Hur declined to pursue criminal charges, his report noted that Biden could appear to a jury as "a sympathetic, well-meaning, elderly man with a poor memory." These observations, drawn in part from the recorded conversations, fueled scrutiny of Biden's cognitive abilities during an election year.
Legal Challenge and Public Interest
For over two years, the conservative think tank Heritage Foundation has sought the materials through Freedom of Information Act (FOIA) requests, arguing the public has a right to review the recordings and transcripts that informed Hur's decision. Biden's attorneys have countered that the memoir interviews were personal and intended to remain private, particularly as Biden is now a private citizen not seeking public office.
The Justice Department reversed its earlier stance in February, indicating an intention to release redacted versions of the recordings and transcripts to the plaintiffs and the House Judiciary Committee. In response, Biden filed a lawsuit to prevent disclosure, asserting that the private conversations should be protected under the Privacy Act.
Dissenting Judge Florence Pan, nominated by Biden, wrote in her opinion that Biden "has shown a substantial privacy interest" in the conversations. Hur's report referenced these recorded conversations, describing some exchanges as "painfully slow" and detailing instances where Biden appeared to struggle recalling events or relaying information.