WASHINGTON — A federal appeals court cleared the way on Friday for a conservative advocacy group to obtain audio recordings of interviews Joe Biden privately recorded years ago for his memoir, denying the former president’s request for an emergency stay to block their release. The ruling marks a significant legal setback for Biden’s legal team, which had sought to keep the audio files confidential, citing privacy concerns and potential executive privilege.
Background on the Memoir Recordings
The recordings in question feature conversations between Biden and his ghostwriter, Mark Zwonitzer, during the drafting of Biden’s 2017 memoir, Promise Me, Dad. These audio files later became a focal point of Special Counsel Robert Hur’s investigation into Biden’s possession of classified documents after his vice presidency.
While Hur ultimately declined to prosecute Biden, his final report described the president as a “well-meaning, elderly man with a poor memory.” This characterization sparked intense political debate, prompting several conservative organizations to file Freedom of Information Act (FOIA) requests for both the transcripts and the raw audio recordings of the interviews.
While the Department of Justice previously released written transcripts of the interviews, the administration fought to withhold the actual audio files. Officials argued that releasing the sound bites could lead to political manipulation, deepfakes, and a chilling effect on future cooperation with federal investigators.
The Legal Battle and the Court’s Decision
The appeals court panel rejected the argument that releasing the audio would cause irreparable harm. In its brief ruling, the court stated that the plaintiffs had not met the high legal threshold required to secure an emergency injunction pending appeal.
This decision effectively permits the Department of Justice to comply with the lower court’s disclosure orders. Conservative legal groups argue that the public has a right to hear the actual audio to assess Biden’s cognitive state and the accuracy of the written transcripts.
