Former President Joe Biden has chosen not to contest a court decision permitting the Trump Justice Department to release recordings and transcripts of conversations he had with his ghostwriter. This decision ends a legal battle initiated by the Heritage Foundation, a conservative think tank that sought the release of these records.
The recordings date back to 2017, following Biden’s tenure as Vice President. He was then working on his memoir, Promise Me, Dad. In 2022, while serving as President, Biden discovered classified documents at his home in Wilmington, Delaware, prompting a Justice Department investigation. As part of the inquiry, the department gathered these tapes.
In 2024, Robert Hur, a special prosecutor, concluded Biden should not face criminal charges, although he had transferred some classified materials to his residence. The report explained that finding such documents was unremarkable for someone in his position. However, the report drew criticism for its portrayal of Biden as having memory issues, describing him as “a sympathetic, well-meaning, elderly man with a poor memory.” The tapes highlighted Biden’s challenges recalling events and reading from his own notes.
Conservative activists argue the tapes validate concerns about Biden’s mental state prior to his presidential campaign. Jeffrey Clark, a Trump ally involved in the effort, stated the intention to fully publicize the tapes, indicating skepticism about Biden’s past mental acuity.
Biden criticized the special prosecutor’s report as misleading and inaccurate. Still, he withdrew from the 2024 presidential race after a poor debate performance. The lawsuit to release the tapes began in April 2024, facing opposition from the Justice Department, which argued against releasing what they equated to personal diary entries.
Despite the department initially resisting, by May, it reversed its stance, planning to disclose the materials. Biden’s intervention failed to halt the release, as courts, including the U.S. Court of Appeals for the District of Columbia, ruled against him.
Biden’s decision contrasts with former President Trump’s ongoing litigation efforts. Unlike Biden, Trump continues to seek legal recourse, as seen in his appeal to the Supreme Court regarding a verdict requiring him to pay damages to E. Jean Carroll.