Former President Joe Biden secured a three-week delay to prevent the release of audio recordings and transcripts linked to Special Counsel Robert Hur’s investigation into classified documents. This follows a federal judge’s decision to grant a temporary injunction while a federal appeals court examines his challenge.
The recordings originate from Biden’s discussions with Mark Zwonitzer, the ghostwriter of his 2017 memoir, “Promise Me, Dad.” U.S. District Judge Dabney Friedrich, appointed by Trump, issued an injunction pending appeal on Friday. This decision bars the Justice Department from releasing the materials while the D.C. Circuit reviews the case. The injunction came after Friedrich dismissed Biden’s request for a preliminary injunction to stop the release altogether.
This legal dispute may determine if the public ever hears the recordings that influenced Hur’s decision not to prosecute Biden for his handling of classified documents. The audio attracted significant attention as Hur raised concerns about Biden’s memory, which contributed to not charging him over the mishandling of documents.
Previously, the Justice Department released audio from Biden’s interviews with Hur. However, the current legal battle involves separate conversations between Biden and Zwonitzer. Hur’s 2024 report frequently cited Biden’s recorded discussions with Zwonitzer. It described some interactions as “painfully slow,” noting Biden occasionally struggled to remember events and relay information. These observations sparked questions about his cognitive abilities during an election year.
Former President Joe Biden speaks to a crowd during a fundraising event in South Carolina on February 27, 2026.
The Heritage Foundation and its Oversight Project director Mike Howell have pursued the recordings and transcripts through FOIA requests for over two years. Heritage Foundation officials assert a public interest in reviewing the materials referenced throughout Hur’s report, as the special counsel depended on the recordings to explain his decision not to pursue criminal charges.
Biden has been striving to keep the potentially embarrassing recordings confidential.
After Friedrich denied Biden’s motion for a preliminary injunction on Friday, Biden’s legal team swiftly sought emergency relief to maintain the status quo while appealing. In their emergency filing, Biden’s attorneys argued releasing the recordings would effectively conclude the case before appellate judges assess the legal questions. Once released, any privacy protections would be permanently lost, rendering the appeal largely moot.
Former special counsel Robert K. Hur testifies before the House Judiciary Committee on March 12, 2024. Hur investigated Biden’s handling of classified documents.
The filing emphasized that the FOIA litigation has been pending for over two years, with no immediate public need for disclosing conversations that occurred a decade ago between Biden and his ghostwriter. Biden’s attorneys noted that he is now a private citizen, not holding nor seeking public office.
The Justice Department initially withheld the recordings and much transcript material under several FOIA exemptions. However, earlier this year, the department reversed course, deciding the records could be released with redactions due to significant public interest in understanding evidence Hur relied on during his investigation.
After the Justice Department announced plans to release the recordings, Biden filed suit in May to stop the disclosure, asserting the audiotapes contain private conversations that should remain protected and if released, would violate the Privacy Act. His legal team contended that the department’s decision breaches the Privacy Act and is an arbitrary agency action under the Administrative Procedure Act.
President Joe Biden speaks during an official transition event to thank Ron Klain for his service.
Amy Jeffress, leading Biden’s legal team, works with Hecker Fink and is a former Justice Department national security official. Jeffress is the primary attorney pushing Biden’s challenge to release the materials and signed the emergency filing to prevent disclosure during the appeal.
Jeffress has also garnered attention due to her marriage to U.S. District Judge Christopher Cooper, another Obama appointee. Cooper recently ruled against the Trump administration in a high-profile case involving the Kennedy Center, attracting criticism from some Trump allies and conservative commentators who questioned a conflict of interest due to his connection to Biden’s attorney.
Elaine Mallon is a writer for Fox News Digital and Fox Business covering national politics.
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