Former President Joe Biden has filed a lawsuit against the Department of Justice in an effort to block the release of audio recordings and transcripts from interviews with his ghostwriter, which were part of Special Counsel Robert Hur’s investigation into Biden’s handling of classified documents. The suit, lodged in federal court in Washington, D.C., comes ahead of a scheduled June 15 release of the materials to the House Judiciary Committee and the Heritage Foundation.
Biden’s legal team argues that the disclosure infringes on the privacy rights of all Americans, including former vice presidents, asserting that “the right to privacy in the personal conversations he has within his own home” is fundamental. They also contend that releasing the documents would impose “costs to respond to the disclosure and other financial losses” on the former president.
The DOJ had previously maintained that the recordings and transcripts were exempt from Freedom of Information Act requests but reversed course in February, notifying Biden of its intent to release them. The lawsuit notes that Biden “has not received an official explanation that reflects the consummation of the Department’s decisionmaking regarding the basis for the Department’s reversal of position.”
The interviews, conducted in 2016 and 2017 at Biden’s home with writing partner Mark Zwonitzer, became a central element of Hur’s probe into whether Biden unlawfully retained classified documents after leaving the vice presidency. Hur ultimately declined to press charges, citing Biden’s memory lapses and arguing that a jury would likely view him as “a sympathetic, well-meaning, elderly man with a poor memory.”
That characterization ignited fierce political debate, with critics questioning Biden’s cognitive fitness. The issue gained traction during the 2024 campaign after a disastrous debate performance against former President Donald Trump, eventually prompting Biden to withdraw from the race.
In a post on Truth Social, Trump seized on the lawsuit, labeling Biden “A Crooked Politician!!!” The Heritage Foundation, which first sought the recordings in 2024, has pressed for their release, arguing they are critical to oversight. Recent legislative efforts by Democrats to limit DOJ payouts show the ongoing partisan tensions over transparency in investigations.
The DOJ has not yet commented on the lawsuit. Legal experts note that the case could test the boundaries of executive privilege and privacy protections for former officials, particularly when the materials involve conversations with private contractors. Hur’s report concluded that Biden “willfully” retained classified documents found at an old office and his Wilmington, Delaware, home, but the special counsel determined that criminal charges were not warranted.
As the June deadline approaches, the litigation adds another layer to the fraught relationship between the Biden camp and the DOJ, which has faced accusations of political weaponization. The department’s recent scrubbing of Jan. 6 press releases has fueled such claims, though officials deny any partisan motive.
