Biden sues to prevent release of interview audio from DOJ investigation
Former President Joe Biden is suing the Department of Justice to stop the release of private audio recordings and transcripts from special counsel Robert Hur’s investigation into Biden’s handling of classified documents. Hur had interviewed Biden about his memoir-writing process, including conversations with his ghostwriter Mark Zwonitzer; those interviews were recorded in Biden’s home between 2016 and 2017.
Biden argues the materials include deeply personal, sensitive discussions that should remain private, especially as they were obtained through a criminal investigation. the lawsuit follows a DOJ notice in February 2026 that it planned to provide the recordings and transcripts to Congress and the Heritage Foundation in response to FOIA requests. Biden’s lawyers say the documents have long been exempt from disclosure and accuse the DOJ, after a previous position, of reversing course without clarification.
Former President Joe Biden is suing the Department of Justice in an effort to block the release of private conversations and audio recordings tied to special counsel Robert Hur‘s classified documents investigation.
Hur investigated Biden’s handling of classified documents and interviewed the former president about conversations with ghostwriter Mark Zwonitzer for his 2017 memoir, Promise Me, Dad: A Year of Hope, Hardship, and Purpose. The interviews, conducted between 2016 and 2017 at Biden’s home, were recorded as part of the book writing process.
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In the lawsuit, Biden argues the recordings contain deeply personal discussions that should remain private.
“These were private conversations, often involving sensitive subject matter, that took place in President Biden’s home,” the complaint said.
The lawsuit comes after the DOJ notified Biden in February 2026 that it planned to release the recordings and transcripts to Congress and the conservative think tank the Heritage Foundation in response to Freedom of Information Act requests.
“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” the complaint said. “And when the U.S. Department of Justice obtains that private information through a criminal investigation, the Department bears a particular responsibility to protect it from disclosure.”
Biden’s legal team argued the materials have long been exempt from disclosure under FOIA and accused the Trump administration‘s DOJ of abruptly reversing the department’s previous position without explanation.
“Under President Trump, however, the Department has reversed that position,” the complaint said. “In February 2026, without any formal explanation for its about-face, the Department notified President Biden of its intention to release the audio recordings and transcripts.”
The lawsuit also recounts how Biden’s attorneys discovered classified documents among materials from his vice presidency at the Penn Biden Center in Washington and immediately notified federal authorities. Former Attorney General Merrick Garland appointed Hur as special counsel in January 2023 to investigate the matter.
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Hur ultimately declined to recommend criminal charges against Biden, concluding prosecutors would likely struggle to prove he acted willfully.
“President Biden — like every American — has a right to privacy in personal conversations he had within his own home,” the complaint said. “That is particularly true here, where the Department obtained this information through a criminal investigation.”
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