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Former President Joe Biden filed suit against the Justice Department on Tuesday in an effort to block the release of recordings and transcripts from interviews he gave for his memoir that were central to a special counsel probe regarding his handling of classified materials after his time as vice president.
The lawsuit follows an intervention by Biden in a separate lawsuit brought by the conservative Heritage Foundation over a FOIA request that sought records from the investigation by former special counsel Robert Hur.
The audio recordings and transcripts stem from interviews Biden did with ghostwriter Mark Zwonitzer for his 2017 memoir “Promise Me, Dad: A Year of Hope, Hardship, and Purpose.”
Former President Joe Biden speaks to the South Carolina Democratic Party on Friday, Feb. 27, 2026, in Columbia, S.C. (AP Photo/Matt Kelley)
Matt Kelley/AP
The materials were obtained by the DOJ as part of the special counsel’s probe, which ended in February 2024, finding that Biden “willfully retained and disclosed” classified materials but recommending no criminal charges.
Biden’s lawsuit seeks to further bolster his demands that the materials not be shared with the conservative think tank or congressional Republicans, citing his right to privacy as well as allegations against DOJ that it is acting unlawfully in seeking an avenue to release the records.
“President Biden—like every American—has a right to privacy in personal conversations he had within his own home,” the lawsuit said. “That is particularly true here, where the Department obtained this information through a criminal investigation.”
Biden’s lawsuit, filed in U.S. District Court in Washington, D.C., said the DOJ has indicated it will release the audio recordings and transcripts to both the Heritage Foundation and the House Judiciary Committee on June 15 unless a court order blocks the release.
The lawsuit details a frenzied effort and communications between Biden’s counsel and DOJ in recent weeks to walk through potential redactions and other issues surrounding release of the audio and transcripts.
While the DOJ and career attorneys during the Biden administration had taken the position that release of the materials was a clear departure from department norms, Biden’s attorneys said the current DOJ reversed its position without any formal explanation beginning in February.
