Biden Secures Delay in Release of Audio Recordings Linked to Classified Documents Probe
Former President Joe Biden has extended a delay for three weeks to prevent the release of audio recordings and transcripts related to Special Counsel Robert Hur’s investigation into classified documents. A federal judge issued a temporary injunction as an appeal is reviewed.
The recordings are drawn from Biden’s discussions with Mark Zwonitzer, the ghostwriter of his memoir, “Promise Me, Dad.” On Friday, U.S. District Judge Dabney Friedrich issued the injunction, blocking the Justice Department from releasing the materials during the appeal process.
Biden’s legal challenge could decide if the public hears recordings that influenced Hur’s decision not to charge Biden over handling classified documents. The audio is under scrutiny because of Hur’s concerns about Biden’s memory during the investigation.
The Justice Department had previously released certain recordings from Biden’s interviews with Hur. However, the current legal battle involves different conversations between Biden and Zwonitzer.
Hur’s 2024 report often referenced Biden’s discussions with Zwonitzer. The special counsel described some conversations as “painfully slow,” highlighting Biden’s occasional difficulty in remembering events. This fueled examination of Biden’s cognitive abilities amid election concerns.
Former President Joe Biden addresses supporters at a fundraising event for the South Carolina Democratic Party on February 27, 2026, in Columbia, S.C. (Sean Rayford/Getty Images)
The Heritage Foundation and its Oversight Project director, Mike Howell, have sought the recordings and transcripts through FOIA requests for over two years. They argue the public deserves to review materials referenced in Hur’s report, underscoring the special counsel’s reliance on recordings to justify not pursuing charges.
Biden seeks to keep potentially embarrassing recordings confidential. After Judge Friedrich denied his request for a preliminary injunction, Biden’s legal team sought emergency relief to maintain confidentiality during the appeal.
Biden’s attorneys argue that disclosing the recordings would compromise privacy and effectively conclude the case before an appellate review. They claim once released, privacy protections would be nullified.
Former Special Counsel Robert K. Hur testifies before the House Judiciary Committee in Washington, D.C., on March 12, 2024. He investigated Biden’s handling of classified documents and published conclusions about Biden’s memory. (Win McNamee/Getty Images)
The case has been ongoing for more than two years. Biden’s legal team insists no pressing public need exists for immediately disclosing decade-old conversations between Biden and Zwonitzer, noting Biden’s current status as a private individual not pursuing public office.
The Justice Department originally withheld the recordings under several FOIA exemptions. However, they later decided to release the records with redactions due to significant public interest in understanding the evidence used by Hur.
After plans to release the recordings were announced, Biden filed suit in May, claiming the audiotapes involve private matters protected from public release, arguing that disclosure violates the Privacy Act.
Biden’s legal effort is led by Amy Jeffress, a partner at Hecker Fink and former Justice Department official. She has represented Biden in preventing release of the materials pending appeal. Jeffress is also noted for being married to U.S. District Judge Christopher Cooper, involved in a recent Trump administration-related dispute.