Former President Joe Biden has filed a lawsuit against the Justice Department, currently under the leadership of Donald Trump's appointees, to prevent the release of audio recordings he made with his ghostwriter. The recordings were later used by investigators to question his mental competency. The legal action, lodged on Tuesday in federal court, comes just weeks before the department's planned release of the tapes and transcripts to Republican lawmakers and the conservative Heritage Foundation.
Background of the Recordings
The private conversations took place in 2016 and 2017 at Biden's home with biographer Mark Zwonitzer, while Biden was writing his memoir 'Promise Me, Dad.' The book chronicled his decision to consider a presidential run as his eldest son, Beau, battled brain cancer. The roughly 70 hours of recordings were later obtained by Special Counsel Robert Hur during an investigation into Biden's handling of classified documents.
Special Counsel's Findings
Hur determined that Biden read classified material aloud to Zwonitzer but recommended against prosecution, citing Biden's declining memory, which would make it difficult to prove willful misconduct. The recordings capture Biden telling Zwonitzer, 'I just found all the classified stuff downstairs,' and, according to Hur's report, Biden read journal entries containing classified intelligence 'nearly verbatim' on at least three occasions.
Legal Arguments
Biden's legal team argues that releasing the tapes would constitute 'an unwarranted invasion of President Biden's privacy.' They contend that every American, including a former vice president, has a right to privacy in personal conversations held within their own home. The team also asserts that when the Justice Department obtains private information through a criminal investigation, it must shield that material from public disclosure.
Trump's Reaction
Former President Donald Trump reacted on Truth Social, branding Biden 'A Crooked Politician!!!' The lawsuit highlights ongoing tensions between the two political figures, particularly as Biden's handling of classified documents has been a point of contention.
Additional Context
The tapes at issue are distinct from Hur's own interview with Biden, which the former president has also fought to keep confidential. Although Hur's investigation recommended no charges, it was damaging for Biden during his 2024 reelection campaign against Trump. The FBI recovered classified documents from Biden's garage, offices, and basement den in his Wilmington, Delaware home, including materials concerning US military and foreign policy in Afghanistan and notebooks with handwritten entries on national security.
Special Counsel's Rationale
Hur wrote that Biden would 'present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.' He added that it would be difficult to convince a jury to convict a former president in his eighties of a serious felony requiring willfulness. The lawsuit now seeks to block the release of the recordings, citing privacy concerns and the potential for political exploitation.
