Biden Sues DOJ Over Release of Special Counsel Audio Recordings

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Former President Joe Biden speaks during a ceremony, at Veterans Memorial Park in New Castle, Delaware, May 30, 2025. Ken Cedeno/Reuters

Former President Joe Biden has filed a lawsuit against the U.S. Department of Justice in an attempt to block the release of audio recordings and transcripts tied to former special counsel Robert Hur’s classified documents investigation.

The recordings come from interviews Biden gave to ghostwriter Mark Zwonitzer while working on his 2017 memoir, Promise Me, Dad: A Year of Hope, Hardship, and Purpose.

Lawsuit Challenges Planned Release

According to the lawsuit filed Tuesday in Washington, D.C., the DOJ plans to release the recordings and transcripts to the conservative Heritage Foundation and the House Judiciary Committee on June 15 unless a court intervenes.

Biden’s legal team argues the materials are private conversations obtained during a criminal investigation and should not be publicly disclosed.

“President Biden — like every American — has a right to privacy in personal conversations he had within his own home,” the lawsuit states.

Background on the Special Counsel Probe

The recordings became central evidence in Hur’s investigation into Biden’s handling of classified documents after serving as vice president. In February 2024, Hur concluded Biden had “willfully retained and disclosed” classified materials but recommended against criminal charges.

Biden’s attorneys also claim the DOJ changed its position on releasing the materials after the current administration took office, despite previous resistance from department lawyers who viewed disclosure as a break from DOJ norms.

The legal battle follows a Freedom of Information Act request from the Heritage Foundation seeking records connected to the investigation.

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