Former President Joe Biden has taken legal action to prevent the release of audio recordings and transcripts of his conversations with Mark Zwonitzer, the ghostwriter of his 2017 memoir. The case involves a request under the Freedom of Information Act (FOIA) and centers on competing claims of privacy and public interest.
Background of the Case
The materials in question stem from interviews Biden conducted with Zwonitzer for the writing of Promise Me, Dad: A Year of Hope, Hardship, and Purpose. The Heritage Foundation, a conservative organization, filed a FOIA request in 2024 seeking these records. The request was connected to an investigation by former Special Counsel Robert Hur into Biden’s handling of classified documents.
Hur’s 2024 report, which referenced the recordings, detailed Biden’s cooperation during the investigation but noted instances of memory lapses. Hur ultimately recommended no criminal charges be filed.
Legal Proceedings
Initially, the U.S. Department of Justice withheld the materials, arguing they were exempt from disclosure. However, the department later reversed its position. In February, the department notified Biden of its intention to release the materials. On May 5, the Office of the Deputy Attorney General informed him that a final decision had been made to release the materials, with limited redactions, to the Heritage Foundation and Congress on June 15.
In response, Biden filed a lawsuit in Washington’s federal court on Tuesday, May 13, seeking to block the release. His legal team argued that the conversations contain personal information that is exempt from disclosure under FOIA and the Privacy Act. Biden's attorney, Amy Jeffress, stated, "Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home."
On Friday, U.S. District Judge Dabney Friedrich denied Biden’s motion for a preliminary injunction but subsequently issued a temporary injunction pending an appeal to the D.C. Circuit Court of Appeals. Biden’s legal team had filed an emergency appeal, arguing that the release would render the case moot before appellate review.
Reactions and Context
The Justice Department did not respond to requests for comment. Mark Zwonitzer, the ghostwriter, also did not comment.
Separately, President Donald Trump commented on the case on Truth Social, referring to Biden as "a Crooked Politician." Republicans have argued that Biden received preferential treatment in the classified documents investigation compared to Trump, who faced a criminal case for refusing to return classified documents. Democrats have emphasized Biden’s cooperation with the investigation.
Biden is currently a private citizen and is not holding or seeking public office. Without further court intervention, the materials are set to be released on June 15.