A federal appeals court has cleared the way for the public to hear the audio tapes that informed the special counsel's classified documents probe.
The public may soon get a raw, unfiltered look at how former President Joe Biden handled sensitive government information.
A federal appeals court has rejected Biden's request to block the release of secret audio recordings and transcripts of his conversations with his memoir ghostwriter, setting up a potential showdown at the Supreme Court.
WHAT HAPPENED
On Monday, a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled 2-1 that the public interest in the recordings outweighs Biden's personal privacy concerns. The court did, however, pause the effect of its ruling until August 3 to give Biden's legal team time to appeal to the Supreme Court.
The recordings in question feature roughly 70 hours of candid conversations between Biden and writer Mark Zwonitzer. They were recorded in 2016 and 2017 while Zwonitzer was helping Biden write his memoir, Promise Me, Dad.
- The Core Issue: The Heritage Foundation, a conservative think tank, sued to obtain the recordings under the Freedom of Information Act (FOIA).
- The Source: The Justice Department obtained the tapes during Special Counsel Robert Hur's investigation into Biden's handling of classified documents.
- The Ruling: Judges Sri Srinivasan and Gregory Katsas formed the majority, concluding that redactions would protect Biden's privacy while satisfying the "substantial" public interest.
- The Dissent: Judge Florence Pan dissented, arguing that Biden had a strong privacy interest because the conversations occurred in his home and did not lead to criminal charges.
WHY IT MATTERS
These recordings are not just historical artifacts; they are the very evidence that shaped Special Counsel Robert Hur's highly publicized 2024 report. In that report, Hur declined to prosecute Biden but famously described him as a "well-meaning, elderly man with a poor memory." Hur noted that during the interviews, Biden struggled to recall key dates, such as when his vice presidency ended or when his son Beau died.
For years, the public has only had access to written transcripts and Hur's characterizations. Releasing the actual audio recordings will allow the public to hear Biden's tone, pacing, and direct explanations regarding classified materials. Biden's team has strongly opposed the release, with spokesperson TJ Ducklo accusing the Trump administration of weaponizing the Justice Department for political retribution. Ducklo emphasized that the conversations were private and shared with investigators on the condition they remain confidential.
WHAT HAPPENS NEXT
Biden's legal team has until August 3 to file an emergency appeal with the Supreme Court. If the high court declines to intervene or rules against the former president, the Justice Department will be cleared to release the redacted transcripts and audio files to the Heritage Foundation.
Because the D.C. Circuit's ruling allows for redactions, government officials would first need to edit the tapes to protect sensitive personal details before making them public.
WHAT WE STILL DON'T KNOW
- Will the Supreme Court agree to hear Biden's appeal and extend the block on releasing the recordings?
- How extensive will the redactions be, and will they obscure the most controversial parts of the audio?
- What impact will the release of these raw recordings have on the public perception of Biden's presidency and his handling of classified documents?
SOURCE NOTE
This story draws on reporting from The Hill.