Former President Joe Biden has filed a lawsuit against the Department of Justice (DOJ) to prevent the release of audio recordings and transcripts from interviews he conducted with ghostwriter Mark Zwonitzer for his 2017 memoir, Promise Me, Dad: A Year of Hope, Hardship, and Purpose. The recordings, made between 2016 and 2017 at Biden’s home, were obtained by special counsel Robert Hur as part of an investigation into Biden’s handling of classified documents. The DOJ plans to release the materials to Congress and the conservative Heritage Foundation in response to Freedom of Information Act (FOIA) requests.
Immediate Action & Core Facts
Biden’s lawsuit argues that the recordings contain deeply personal discussions that should remain private. His legal team claims the materials were previously exempt from disclosure under FOIA but that the DOJ, under President Donald Trump’s administration, reversed its position without explanation. The DOJ notified Biden in February 2026 of its intention to release the recordings and transcripts, with limited redactions, to the Heritage Foundation and Congress by June 15.
Deeper Dive & Context
The interviews were part of the writing process for Biden’s memoir, which detailed his decision to pursue the presidency while his eldest son, Beau, battled brain cancer. Biden’s attorneys argue that the disclosure would constitute an unwarranted invasion of privacy, particularly since the conversations took place in his home. The lawsuit also recounts how Biden’s attorneys discovered classified documents among materials from his vice presidency at the Penn Biden Center.
The Heritage Foundation filed a FOIA request in 2024 seeking the recordings, which were later used in Hur’s investigation. Hur’s 345-page report, released in February 2024, found that Biden willfully retained classified materials but concluded there was insufficient evidence to bring criminal charges. The House of Representatives voted in 2024 to hold Attorney General Merrick Garland in contempt of Congress for refusing to turn over audio of Biden’s interview with Hur, citing executive privilege.
Biden’s lawsuit seeks to block the release of approximately 70 hours of audio files and transcripts to the House Judiciary Committee. The DOJ has not yet responded to the complaint.