Former President Joe Biden filed a lawsuit Tuesday to block the Justice Department from releasing audio recordings and transcripts of interviews that documented his memory struggles and ultimately contributed to his withdrawal from the 2024 race.
The recordings stem from conversations Biden had in 2016 and 2017 with Mark Zwonitzer, a biographer working with him on two memoirs. Special Counsel Robert Hur obtained the materials during his investigation into whether Biden mishandled classified documents, then used a five-hour interview with Biden himself to assess the case.
Hur's 2024 report concluded there was no criminal wrongdoing but described the then-81-year-old president as "a sympathetic, well-meaning, elderly man with a poor memory." The characterization fueled ongoing questions about Biden's fitness for office, ultimately prompting him to step aside and endorse Kamala Harris.
Biden's attorneys argue in the federal lawsuit that the disclosure would constitute an "unwarranted invasion" of his privacy. They contend that "every American, including a sitting or former vice-president, has a right to privacy in the personal conversations he has within his own home," and that the Justice Department bears special responsibility to protect private information obtained during criminal investigations.
The suit targets the Department's apparent willingness to hand over the materials to the Republican-controlled House Judiciary Committee and the conservative Heritage Foundation. This represents a reversal of sorts: the Justice Department previously fought to keep the recordings secret before Biden filed suit.
The Justice Department initially kept the audio under wraps after the White House invoked executive privilege. The Republican-controlled House voted in 2024 to hold Attorney General Merrick Garland in contempt of Congress for his refusal to release it.
Hur's investigation found that Biden "willfully retained and disclosed classified materials" after leaving the vice presidency, including documents on military and foreign policy matters related to Afghanistan. Hur determined the conduct did not warrant criminal prosecution.
When confronted with criticism over his memory, Biden pushed back in February 2024, stating "my memory is fine." He attributed his struggles during the Hur interview to the timing, which came shortly after the October 2023 Hamas attack on Israel when he was managing an international crisis.
The transcripts, however, show Biden was sometimes unclear on dates and details, and indicated unfamiliarity with the paper trail surrounding sensitive documents he had possessed. This stands in contrast to his public assertion that he takes classified information seriously.
Republicans seized on the disparity, arguing Biden received favorable treatment from prosecutors he appointed while former President Donald Trump faced harsher scrutiny. Trump underwent a separate investigation by Special Counsel Jack Smith and was charged with mishandling classified documents at his Mar-a-Lago residence. A federal judge appointed by Trump ultimately dismissed that case.
Democrats countered that Biden cooperated fully with his investigation, unlike Trump, who federal prosecutors said refused to return classified materials requested by the National Archives.
Author James Rodriguez: "This lawsuit reveals how damaging Hur's findings really were if Biden feels compelled to keep fighting their release years after stepping aside."
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