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Biden sues DOJ to block release of Hur interview audio

Biden sues DOJ to block release of Hur interview audio

Rule Changes

About 70 hours of ghostwriter recordings face a June 15 disclosure deadline

June 15th, 2026: DOJ scheduled release date

Overview

Joe Biden talked with his ghostwriter for about 70 hours in 2016 and 2017. The Trump-era Justice Department now plans to release the recordings — and Biden sued Tuesday to block it.

The audio became evidence in Special Counsel Robert Hur's classified-documents investigation, then sat under executive-privilege protection. After the Heritage Foundation won a Freedom of Information Act suit for the files, DOJ reversed course. Biden's complaint says the tapes capture private home conversations that should stay sealed.

Why it matters

A ruling for Biden shields former presidents from FOIA release of their criminal-investigation interviews; a ruling against him sets the opposite precedent.

Key Indicators

70 hrs
Audio at stake
Recordings of Biden's interviews with ghostwriter Mark Zwonitzer for his 2017 memoir.
Jun 15
DOJ release date
When the Justice Department plans to hand over redacted files absent a court order.
0
Charges Hur filed
Hur declined to prosecute Biden, partly citing his 'poor memory' in the interview.
Feb 2026
DOJ position reversal
When the Trump-era DOJ told Biden's team it would release the materials.

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People Involved

Organizations Involved

Timeline

January 2023 June 2026

11 events Latest: June 15th, 2026 Showing 8 of 11
Tap a bar to jump to that date
  1. DOJ scheduled release date

    Latest Scheduled

    Absent a court order, DOJ has told a federal judge it will hand over the redacted audio and transcripts to Heritage and the House Judiciary Committee on this date.

  2. Biden signals he will fight the release

    Statement

    Biden's team tells reporters the former president plans to contest DOJ's planned disclosure of the Zwonitzer recordings.

  3. Hur report declines charges, cites 'poor memory'

    Report

    Hur concludes Biden 'willfully retained' classified materials but recommends no prosecution. A jury, he writes, would see Biden as 'a sympathetic, well-meaning, elderly man with a poor memory.'

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

July 1974

United States v. Nixon (1974)

The Supreme Court ruled 8-0 that President Nixon had to turn over his secretly recorded Oval Office tapes to special prosecutor Leon Jaworski. The Court rejected Nixon's blanket executive-privilege claim in the Watergate criminal investigation.

Then

Nixon released the tapes within weeks. They contained the 'smoking gun' conversation showing he ordered a cover-up. He resigned 16 days after the ruling.

Now

The decision set the precedent that executive privilege is not absolute and must yield to legitimate criminal-process needs. It did not address whether such recordings can later be made public through FOIA.

Why this matters now

Nixon settled when a president must surrender recordings to investigators. Biden's case asks the next question: whether the investigator's tapes can later be released to political opponents through FOIA.

September 1998

Clinton grand jury video (1998)

Independent Counsel Ken Starr delivered a videotape of President Clinton's August 17 grand jury testimony to the House Judiciary Committee. House Republicans voted 363-63 to release it publicly four days later.

Then

An estimated 22 million Americans watched the testimony air on television. Clinton's job approval ratings rose afterward.

Now

The episode set the recent benchmark that materials gathered by special prosecutors — including a president's own recorded testimony — can be made public when Congress chooses, even over the executive branch's objection.

Why this matters now

Clinton's lawyers fought the video release on privacy and dignity grounds. They lost. Biden is making a similar privacy argument 28 years later, this time through a federal FOIA suit rather than a congressional vote.

January 2022

Trump v. Thompson (2022)

The Supreme Court declined to block release of Trump White House records to the House January 6 committee despite Trump's executive-privilege claim as a former president. Sitting President Biden had waived the privilege.

Then

The National Archives turned over hundreds of pages of records to the committee within days of the ruling.

Now

The case established that a sitting president's privilege waiver outweighs a former president's privilege claim, weakening ex-presidents' control over their official records once they leave office.

Why this matters now

Biden, like Trump in 2022, is the former president trying to keep records sealed against the current administration's wishes. The legal question differs — these are personal interview tapes under FOIA, not official records under executive privilege — but the structural posture is the same.

Sources

(11)