Biden sues Justice Department to stop release of audio and transcripts tied to special counsel probe

Alanna Durkin Richer, The Associated Press

WASHINGTON (AP) — Joe Biden sued the Justice Department on Tuesday in an effort to block the release of audio recordings and transcripts of the former president’s interview with a ghostwriter that were obtained by the special counsel who investigated his handling of classified documents.

Biden’s lawyers said in a lawsuit filed in Washington’s federal court that the Justice Department plans to release the files to Congress and a conservative group, the Heritage Foundation, after the department had previously argued that they were exempt from disclosure under the public records law.

Biden’s lawyers argued that the disclosure would “constitute an unwarranted invasion of President Biden’s privacy.”

“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” his attorneys wrote. “And when the U.S. Department of Justice obtains that private information through a criminal investigation, the Department bears a particular responsibility to protect it from disclosure.”

At issue in the case are audio recordings and transcripts of Biden’s interviews at his home in 2016 and 2017 with Mark Zwonitzer, who worked with Biden on his two memoirs. The files were scrutinized by special counsel Robert Hur as part of his investigation into the president’s improper retention of classified documents, from his time as a senator and as vice president.

Hur’s yearlong investigation led to a 345-page report that questioned Biden’s age and mental competence but recommended no criminal charges against the then-81-year-old. Hur said he found insufficient evidence to successfully prosecute a case in court.

Biden has separately fought the release of the audio of his interview with Hur. The House in 2024 voted to hold Biden Attorney General Merrick Garland in contempt of Congress for refusing to turn over that audio after the White House exerted executive privilege, shielding it from Congress.

The transcripts of five hours of Biden interviews with federal prosecutors was released that same year. While Biden was adamant that he treated classified information seriously, the transcript shows that he was at times fuzzy about dates and details and he said he was unfamiliar with the paper trail for some of the sensitive documents he handled.

Republicans have argued Biden was being given a pass by his own Justice Department and that Trump had been unfairly victimized by prosecutors. Democrats, for their part, stressed Biden’s cooperation in the investigation and strongly contrasted that with the separate criminal case against Trump, who was accused of refusing to return classified documents requested by the National Archives that he had at his Florida estate.

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