Former President Joe Biden has secured a temporary injunction to prevent the release of audio recordings and transcripts related to Special Counsel Robert Hur’s classified documents investigation. A federal judge granted the injunction as a federal appeals court reviews Biden’s challenge.
The recordings in question are from Biden’s interviews with Mark Zwonitzer, the ghostwriter of his 2017 memoir, Promise Me, Dad. U.S. District Judge Dabney Friedrich, appointed by Trump, issued the injunction pending appeal, barring the Justice Department from releasing the materials while the D.C. Circuit Court considers the case.
This injunction followed Judge Friedrich’s earlier denial of Biden’s request for a preliminary injunction, which aimed to halt the release entirely. The case could determine whether the public will ever hear the recordings that influenced Hur’s decision not to prosecute Biden over his handling of classified documents.
The audio has been under scrutiny as Hur questioned Biden’s memory in deciding against bringing charges for document mishandling. The recordings involved separate conversations between Biden and Zwonitzer, distinct from those previously released by the Justice Department from Biden’s interviews with Hur.
Hur’s 2024 report mentioned Biden’s discussions with Zwonitzer, noting that some exchanges were ‘painfully slow’ and that Biden struggled at times to recall events and provide information. This raised questions about his cognitive abilities during an election year.
Former President Joe Biden speaks to a crowd during a fundraising event with the South Carolina Democratic Party at the Columbia Museum of Art on Feb. 27, 2026, in Columbia, S.C. (Sean Rayford/Getty Images)
GREGG JARRETT: RELEASE THE BIDEN TAPES AND LET AMERICANS HEAR THE TRUTH FOR THEMSELVES
The Heritage Foundation and its Oversight Project Director Mike Howell have pursued the recordings and transcripts through FOIA requests for over two years. They argue that there is significant public interest in reviewing the materials referenced in Hur’s report, especially given their role in his decision not to pursue criminal charges.
After Judge Friedrich denied Biden’s preliminary injunction motion, Biden’s legal team swiftly sought emergency relief to maintain the status quo while the appeal is reviewed. They contended that once released, the recordings could not be retracted, making the appeal largely moot.
Former Special Counsel Robert K Hur testified before the House Judiciary Committee in Washington, D.C., on March 12, 2024. Hur investigated Biden’s handling of classified documents and published a report that included conclusions about Biden’s memory. (Win McNamee/Getty Images)
Biden’s attorneys also highlighted that the FOIA litigation has been pending for over two years and argued against the immediate need for disclosure of conversations recorded nearly a decade ago between Biden and his ghostwriter.
The Justice Department had initially withheld the recordings under several FOIA exemptions. However, it later agreed to release the records with redactions, citing a substantial public interest in understanding the evidence used by Hur during his investigation.
Biden filed a lawsuit in May to block the disclosure, asserting that the audiotapes contain private conversations and their release would breach the Privacy Act. His legal team argued that the Justice Department’s decision contradicts the Privacy Act and represents arbitrary agency action under the Administrative Procedure Act.
President Joe Biden speaks during an official transition event to thank Ron Klain for his work and to welcome his successor Jeff Zients. (REUTERS/Kevin Lamarque)
Amy Jeffress, a partner at the law firm Hecker Fink and former Justice Department national security official, leads Biden’s legal effort. Jeffress signed the recent emergency filing to prevent disclosure while the appeal progresses. She has drawn interest due to her marriage to U.S. District Judge Christopher Cooper, an Obama appointee who previously ruled against the Trump administration in a high-profile case involving the Kennedy Center.
Elaine Mallon is a writer for Fox News Digital and Fox Business, covering national politics.