Former President Joe Biden is involved in legal action against the Justice Department. On Tuesday, he filed a lawsuit to prevent the release of audio recordings and transcripts from his interview with a ghostwriter. These materials were collected by the special counsel investigating his handling of classified documents.
Biden’s legal team argues that the plan to release these files to Congress and the conservative Heritage Foundation is unwarranted. They claim it invades Biden’s privacy. His attorneys emphasize, “Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home.”
These recordings and transcripts were made during interviews at Biden’s home in 2016 and 2017. Biden collaborated with Mark Zwonitzer on his memoirs during these years. Special counsel Robert Hur examined these files as a part of his investigation into Biden’s possession of classified documents from his time as a senator and vice president.
The investigation by Hur, which produced a 345-page report, explored concerns about Biden’s age and mental competence. However, it did not recommend criminal charges due to a lack of sufficient evidence for a court case. Biden also opposes releasing the interview audio with Hur. In 2024, the House voted to hold Attorney General Merrick Garland in contempt for refusing to release the audio under executive privilege.
The 2024 transcripts reveal Biden’s stance on his treatment of classified information. They show him sometimes unclear about dates and details, and unfamiliar with paper trails for certain sensitive documents. Republicans argue Biden received lenient treatment from his Justice Department, contrasting his situation with Trump’s, who faced harsher scrutiny over refusing to return classified documents.
Democrats highlight Biden’s cooperation during the investigation. They note the contrast with Trump’s criminal case involving the refusal to return documents to the National Archives.