A federal judge has extended former President Joe Biden’s time to oppose the release of audio recordings and transcripts related to Special Counsel Robert Hur’s investigation into classified documents. This extension, granted by a federal appeals court, provides Biden with three additional weeks to block the release while the court evaluates the appeal.
The recordings are sourced from interviews between Biden and Mark Zwonitzer, the ghostwriter of Biden’s 2017 memoir, Promise Me, Dad. U.S. District Judge Dabney Friedrich issued the temporary injunction following a denial of Biden’s initial request to prevent the release. The recordings have garnered significant attention because they influenced Hur’s decision not to prosecute Biden for mishandling classified documents. Hur’s questions regarding Biden’s memory added further scrutiny.
While some recordings with Hur have been released by the Department of Justice, the disputed tapes involve different conversations with Zwonitzer. Hur’s 2024 report repeatedly referenced these conversations, describing them as slow and indicating that Biden had difficulty recalling events.
The Heritage Foundation has actively pursued access to these materials over the past two years using FOIA requests. They argue that public interest dictates a review of these recordings, which Hur relied upon in his report explaining the decision to refrain from charging Biden.
After being denied a preliminary injunction, Biden’s legal team filed for emergency relief to maintain the privacy of the recordings until the appeal process is complete. They claim that releasing the tapes would end the case before a thorough review. The filings argue there is no pressing public interest necessitating immediate disclosure.
Initially, the Justice Department withheld the recordings under FOIA exemptions but reversed the decision. It concluded there is significant public interest in the evidence considered by Hur during his investigation. In response, Biden’s legal team filed a lawsuit to stop the release, citing privacy violations and claiming the decision contravened the Privacy Act.
Amy Jeffress, a former Justice Department national security official, leads Biden’s legal defense. She has also faced attention because her spouse, Judge Christopher Cooper, was criticized after ruling against the Trump administration—a situation that raised allegations of a potential conflict of interest.