Former President Joe Biden has filed a lawsuit against the Department of Justice in an effort to stop the release of audio recordings and transcripts connected to Special Counsel Robert Hur’s investigation into Biden’s handling of classified documents, as reported by Courthouse News.
The lawsuit comes after the DOJ indicated it plans to release materials tied to interviews conducted with Biden’s ghostwriter and biographer, Mark Zwonitzer, during conversations held in 2016 and 2017 inside Biden’s Delaware home. The recordings later became evidence reviewed during Hur’s investigation into Biden’s retention of classified materials from his time as vice president and U.S. senator.
Hur’s 2024 report concluded that criminal charges were not warranted, but the investigation drew national attention after the special counsel described Biden as “a sympathetic, well-meaning, elderly man with a poor memory.” The report fueled growing concerns over Biden’s cognitive decline and became a major issue during the 2024 presidential race.
According to the filing, Biden’s attorneys argue the release of the recordings would violate his privacy rights and expose deeply personal conversations conducted within his own home. His legal team claims the DOJ had previously treated the materials as exempt from public disclosure under federal records law before changing course under the Trump administration.
The DOJ reportedly intends to provide redacted versions of the recordings and transcripts to the Republican-led House Judiciary Committee as well as the Heritage Foundation, a conservative organization that pursued access to the materials through public records requests.
Republicans have argued for months that the American people deserve transparency regarding Biden’s mental fitness and his handling of classified information, particularly after transcripts from Hur’s interview showed repeated memory lapses and confusion over timelines. Democrats, meanwhile, have defended Biden’s cooperation with investigators and argued the release effort is politically motivated.
The dispute also revives broader concerns about unequal treatment within the justice system. Conservatives have pointed to the aggressive federal prosecution of President Donald Trump over classified documents while Biden avoided criminal charges despite Hur concluding he had “willfully retained” sensitive materials. Critics argue the contrasting treatment further eroded public confidence in equal justice under the law.
The case now heads to federal court in Washington, where judges will determine whether the recordings remain sealed or are released to Congress and outside groups. The legal fight is expected to intensify scrutiny over the Biden administration’s past handling of classified materials and ongoing questions surrounding transparency and accountability in government.
