Former President Joe Biden has taken legal action against the Justice Department to prevent the release of audio recordings and transcripts from his interviews with a ghostwriter. These materials, obtained by a special counsel, relate to an investigation into Biden’s handling of classified documents.
Biden’s legal team filed a lawsuit in Washington’s federal court. The lawsuit argues that releasing these files would breach Biden’s privacy. The Department of Justice intends to release the files to Congress and the Heritage Foundation, despite previously claiming they were exempt from public disclosure.
“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” Biden’s attorneys stated. They emphasized the Justice Department’s duty to protect such private information when obtained during a criminal investigation.
The recordings and transcripts date back to interviews at Biden’s home in 2016 and 2017 with Mark Zwonitzer, who collaborated with Biden on two memoirs. Investigated by special counsel Robert Hur, the focus was on the improper retention of classified documents from Biden’s tenure as a senator and vice president.
Hur’s investigation culminated in a 345-page report questioning Biden’s age and cognitive capabilities. It did not recommend criminal charges against Biden. The report stated there was insufficient evidence for successful prosecution.
Biden has also contested the release of his interview audio with Hur. In 2024, the House voted to hold Biden’s Attorney General Merrick Garland in contempt of Congress. This was linked to the refusal to hand over the audio, for which the White House invoked executive privilege.
Transcripts of five-hour interviews with federal prosecutors had been released that year. While asserting that he handled classified information seriously, the transcripts depict Biden as sometimes uncertain about dates and document details.
Republicans argue Biden received preferential treatment from his Justice Department, compared to Trump’s situation. Democrats highlight Biden’s cooperation with investigators, contrasting with Trump’s resistance in a separate case concerning classified documents at his Florida residence.
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