Biden Sues DOJ to Block Release of Ghostwriter Interview Audio
Former President Joe Biden filed a lawsuit against the Department of Justice on Tuesday, seeking an emergency court order to block the release of approximately 70 hours of audio recordings and transcripts from private conversations with the ghostwriter of his 2017 memoir. The lawsuit, filed in U.S. District Court for the District of Columbia, argues that the materials are protected by the Privacy Act and that their disclosure would constitute “an unwarranted invasion of President Biden’s privacy,” according to NBC News.
Background of the Dispute
The recordings at issue stem from interviews conducted in 2016 and 2017 at Biden’s home with ghostwriter Mark Zwonitzer for the memoir “Promise Me, Dad: A Year of Hope, Hardship, and Purpose,” which recounts the year following his son Beau Biden’s battle with brain cancer. The materials were later obtained by Special Counsel Robert Hur during his 2023 investigation into Biden’s handling of classified documents.
Hur’s 345-page report, released in February 2024, found that Biden “willfully retained and disclosed classified materials” but declined to bring criminal charges. The report ignited a political firestorm by describing Biden as having “significantly limited” memory, noting that the Zwonitzer interviews were “painfully slow, with Mr. Biden struggling to remember events,” as BBC News reported.
The DOJ’s Reversal
The Justice Department had previously withheld the materials, arguing they were exempt from disclosure under the Freedom of Information Act. However, under President Donald Trump’s second term, the department reversed that position in February 2026 without formal explanation, according to CBS News.
Biden’s attorney, Amy Jeffress, wrote in the lawsuit that “without any formal explanation for its about-face, the Department notified President Biden of its intention to release the audio recordings and transcripts.” The DOJ now plans to release the materials, with limited redactions, to the Heritage Foundation and Congress on June 15, barring a court ruling.
Legal Arguments
Biden’s lawsuit argues that the DOJ is violating the Administrative Procedure Act and using a false justification “to disclose records reflecting President Biden’s private conversations for the sake of exposure, among other improper purposes,” as reported by The Guardian.
“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” the lawsuit states, per NPR.
Political Reactions
The lawsuit has drawn sharp reactions. DOJ Spokesperson Natalie Baldassarre said in a statement: “Joe Biden’s Justice Department tried to hide audio recordings that clearly demonstrate a significant decline in his cognitive abilities as far back as 2016. This is the most transparent Department of Justice in history, and we will fight to ensure the American people can hear these recordings and draw their own conclusions.”
President Trump responded on Truth Social, calling Biden “a Crooked Politician,” as reported by NBC News.
Broader Context
The case unfolds against a backdrop of heightened political polarization. The Heritage Foundation, a conservative think tank, filed the original FOIA request in 2024. The House Judiciary Committee, chaired by Rep. Jim Jordan, also sought the materials. Biden asserted executive privilege over the recordings in 2024 after House Republicans attempted to access them, and the House voted to hold then-Attorney General Merrick Garland in contempt of Congress for refusing to turn over the audio.
Portions of Biden’s interview audio with Hur were leaked and published by Axios in May 2025. The parallel investigation into Trump’s handling of classified documents was dismissed in July 2024 by Judge Aileen Cannon, who ruled that Special Counsel Jack Smith had been unlawfully appointed.
What’s Next
The case raises significant questions about executive privilege, privacy rights of former presidents, and the limits of FOIA. The court must now decide whether to grant a temporary restraining order or preliminary injunction to block the June 15 release. Legal experts suggest the case could potentially reach the Supreme Court, depending on the district court’s ruling. For now, the clock is ticking toward a June 15 deadline that could determine whether the American public hears the recordings that helped reshape the 2024 presidential race.