A federal appeals court has rejected former President Joe Joe Biden's request to block the release of audio recordings and transcripts from his interviews with a memoir ghostwriter. The divided three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit suspended its decision until August 3, allowing more time for Biden to consider another appeal.
Key Takeaways
A federal appeals court rejected former President Joe Biden's request to block the release of audio recordings and transcripts of his interviews with a memoir ghostwriter. The 2-1 ruling found substantial public interest in disclosing the material.
- Appeals court denies Biden's bid to keep tapes private
- Majority rules public interest outweighs privacy concerns
- Judge Florence Pan dissents, citing Biden's privacy rights
- Recordings from 2016 and 2017 interviews with ghostwriter Mark Zwonitzer
- Decision stayed until August 3 for possible appeal
Source Claims Check
1 Difference Found| Claim | Status | Reason | |
|---|---|---|---|
| Public Interest | 1 Difference | PBS and UPI say public interest outweighs privacy; CBS News cites substantial privacy interest | ▼ |
| Court Ruling | Broad Agreement | Appeals court rejects Biden's bid to block release of tapes | |
| Redactions | Broad Agreement | Redactions would help protect Biden's privacy |
The panel's 2-1 ruling found there is a "substantial" public interest in disclosing the material that Biden wants to keep private. The majority noted that redactions to the recordings would help protect Biden's privacy but concluded that any remaining incursion on personal privacy does not outweigh the public interest in disclosure.
Judge Florence Pan, who was nominated by Biden, wrote a dissenting opinion in which she argued that Biden has shown a "substantial privacy interest" in keeping the material hidden. The conversations took place in Biden's home and were recorded during a criminal investigation that did not lead to an indictment.
The recordings were obtained by special counsel Robert Hur, who investigated Biden's handling of classified documents from his time as a senator from Delaware and as Vice President under Barack Obama. Republicans in Congress demanded the material after Hur declined to file charges against the then-president. The interviews were conducted with author Mark Zwonitzer for Biden's memoirs "Promises to Keep" (2007) and "Promise Me, Dad" (2017).
Biden spokesperson T.J. Ducklo stated that the former president disagrees with the ruling but respects the courts' role in a healthy democracy. The recordings were provided to the Department of Justice on the condition they would remain private. Biden's legal team argued that disseminating his discussions with Zwonitzer would be harmful and likened their disclosure to releasing diary entries or private text messages.
The conservative Heritage Foundation began a public disclosure legal battle with the DOJ to release the files in 2024 shortly after Hur's report was published. The Justice Department initially withheld the audio tapes and most of the written transcripts, citing exemptions under the Freedom of Information Act. However, once President Trump returned to the White House, the department said it intended to provide the material to Congress and the Heritage Foundation.
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