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Biden files lawsuit to prevent disclosure of private memoir recordings
Former U.S. President Joe Biden has taken legal action against the federal government to halt the scheduled release of interviews conducted with his memoir's ghostwriter, arguing the conversations contain sensitive personal information.
Background: Special Counsel's investigation
Special Counsel Robert Hur obtained the recordings and transcripts during an inquiry into Biden's handling of classified documents. While Hur concluded that Biden improperly retained records, he opted not to recommend criminal charges. His 2024 report, however, included observations about Biden's memory, describing it as having "significant limitations."
The report cited interviews with ghostwriter Mark Zwonitzer, noting that Biden struggled to recall events and relied on handwritten notes-some of which appeared to contain classified material-from his time as vice president.
Political fallout and legal battles
Hur's findings intensified scrutiny of Biden's age and fitness for office, contributing to his decision to withdraw from the 2024 presidential race after a widely criticized debate performance. Republicans seized on the report, with lawmakers on three congressional committees and the conservative Heritage Foundation pushing for the release of the memoir interviews as evidence.
The Justice Department initially resisted disclosure, citing privacy concerns, but reversed its stance under the Trump administration. A spokesperson accused the Biden administration of attempting to "hide audio recordings that clearly demonstrate a significant decline" in his cognitive abilities dating back to 2016.
"We will fight to ensure the American people can hear these recordings and draw their own conclusions about the former President's mental acuity before he sought the presidency."
Justice Department Spokesperson Natalie Baldassarre
Biden's legal arguments
Biden's attorneys argue the conversations are protected under the Privacy Act and that the Justice Department's decision to release them violates the Administrative Procedure Act. They contend the government is using a "false justification" to disclose the recordings "for the sake of exposure."
The interviews, conducted in 2017 for Biden's memoir Promise Me, Dad, focused on the period surrounding the 2015 death of his son Beau. Hur's report described the sessions as "painfully slow," with Biden at times struggling to read his own notes.
Release deadline looms
The Justice Department has indicated the recordings will be made public by June 15, following requests from House Republicans and the Heritage Foundation in 2024. The lawsuit seeks to block the release, setting the stage for a high-stakes legal and political confrontation.
