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Biden Sues to Block Justice Department Release of Memoir Interview Files

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Key takeaways:

  • Joe Biden filed a lawsuit to prevent the Justice Department from releasing about 70 hours of audio and transcripts from interviews with his memoir ghostwriter.
  • The Justice Department reversed its earlier position during Trump's second term and plans to release the materials to the Heritage Foundation and Congress on June 15 with limited redactions.
  • The interviews were part of source material relevant to a 2023 special counsel investigation into Biden's handling of classified documents, which found no criminal charges despite noting some memory lapses.

Former President Joe Biden filed a lawsuit on Tuesday seeking to prevent the Justice Department from releasing audio recordings and transcripts of his private conversations with Mark Zwonitzer, the ghostwriter of his 2017 memoir “Promise Me, Dad: A Year of Hope, Hardship, and Purpose.” The suit, filed in U.S. District Court for the District of Columbia, challenges the department’s plan to disclose about 70 hours of interview material to the conservative Heritage Foundation and the House Judiciary Committee.

The recordings, made in 2016 and 2017, were sought through a 2024 Freedom of Information Act (FOIA) request by the Heritage Foundation, which later filed its own lawsuit to obtain the files. The Justice Department initially withheld the materials, citing exemptions from disclosure. Biden’s attorney Amy Jeffress noted in the lawsuit that the department reversed its position during President Donald Trump’s second term, though the filing does not provide a detailed explanation for this change.

Jeffress stated that in February 2024, the department notified President Biden of its intent to release the recordings and transcripts, and on May 5, the Office of the Deputy Attorney General confirmed a final decision to release the materials with limited redactions on June 15. Biden’s legal team argues that the conversations are protected under FOIA exemptions due to their personal nature. “Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” Jeffress wrote.

The interviews with Zwonitzer were part of the source material for Biden’s memoir, which recounts a pivotal and painful year beginning in late 2014. The Heritage Foundation sought records related to these interviews. The materials were also relevant to a 2023 special counsel investigation led by Robert Hur into Biden’s handling of classified documents. Hur’s investigation, which included interviews with Biden, ultimately declined to bring criminal charges despite confirming some memory lapses.

The Justice Department did not immediately respond to requests for comment on the lawsuit. Former President Donald Trump responded on Truth Social, calling Biden a “Crooked Politician.” Without a court order blocking the release, the Justice Department plans to make the materials public on June 15.

The lawsuit arises amid broader investigations into classified documents found at Biden’s residence and former office in late 2022 and early 2023. Special counsel Hur was appointed in January 2023 to investigate potential mishandling of sensitive materials by Biden. His 345-page report, released in February 2024, concluded that Biden retained classified documents after his vice presidency but lacked sufficient evidence for criminal charges.

This case parallels a separate investigation into former President Trump’s handling of classified documents, which led to federal charges that were later dismissed due to procedural issues. Additionally, a judge blocked the release of parts of the special counsel’s report on Trump’s document handling.

Sources

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