Americans deserve transparency.
Former President Joe Biden suffered a major legal defeat Monday after a federal appeals court ruled that audio recordings and transcripts from interviews conducted during the Robert Hur investigation can eventually be made public.
The decision marks another setback for Biden as questions surrounding his memory and handling of classified documents continue to draw attention. While the court temporarily paused the release until Aug. 3 to give Biden time to seek additional legal relief, the ruling strongly favored public disclosure.
Appeals Court Sides Against Biden
In a divided decision, the federal appeals court determined that Biden’s privacy interests did not outweigh the public’s right to access records that became part of a high-profile criminal investigation.
The audio recordings came from a series of interviews Biden conducted with writer Mark Zwonitzer while collaborating on his 2017 memoir, Promise Me, Dad. Federal investigators later acquired those recordings during Special Counsel Robert Hur’s investigation into Biden’s handling of classified documents after his tenure as vice president.
Biden’s attorneys argued the discussions were private and never intended for public release. However, the court concluded that once the recordings were obtained by federal investigators, they became subject to disclosure under the Freedom of Information Act.
The judges also found that Biden failed to demonstrate he would suffer irreparable harm if the materials were released.
Robert Hur’s Findings Renew Attention
The recordings became a central part of Hur’s investigation, which concluded in February 2024.
Although Hur declined to recommend criminal charges, his report generated widespread attention after describing Biden as a sympathetic elderly man with a poor memory. The report also noted that portions of the recorded interviews were slow-moving and that Biden struggled at times to recall significant events from his life.
Those observations immediately fueled debate over Biden’s mental sharpness while he was seeking a second term in office.
Heritage Foundation FOIA Lawsuit
The legal battle began after The Heritage Foundation filed a Freedom of Information Act lawsuit seeking access to the recordings and transcripts.
According to the appeals court, the public has a substantial interest in reviewing evidence that played a key role in a federal investigation involving a sitting president.
Chief Judge Sri Srinivasan, appointed by former President Barack Obama, joined Judge Gregory Katsas, a President Donald Trump appointee, in the majority opinion.
The judges concluded that any remaining privacy concerns did not outweigh the public’s interest in transparency.
Judge Florence Pan, the lone dissenter and a Biden appointee, argued that Biden retained a significant privacy interest because the interviews occurred inside his home and were gathered during an investigation that did not result in criminal charges.
Interview Transcripts Raised More Questions
Transcripts from Biden’s interviews were released in March 2024 and quickly attracted national attention.
One widely discussed exchange showed Biden struggling to remember when his son Beau died. According to the transcript, Biden asked what month Beau had passed away before aides reminded him that Beau died in May 2015. Biden then asked whether it had been 2015 before confirming the date.
The released transcript also appeared to contradict Biden’s public claim that Special Counsel Hur had unexpectedly brought up Beau’s death during questioning. The transcript indicated Biden himself introduced the topic during the interview.
The exchange intensified public discussion over Biden’s memory and fitness for office during the height of the 2024 presidential campaign.
Political Fallout Continued
The controversy surrounding the Hur report and interview transcripts became one of several issues that fueled growing concerns about Biden’s ability to continue serving another four years.
Just four months after the transcripts became public, Biden withdrew from the 2024 presidential race following a widely criticized debate performance against President Donald Trump. His decision came after mounting pressure from prominent Democrats and increasing concerns within his own party.
Now, with the appeals court clearing the way for the eventual release of the interview recordings, Americans could soon hear the conversations for themselves.
The upcoming release is expected to renew debate over Biden’s memory, the conclusions reached during the Robert Hur investigation, and the transparency surrounding one of the most closely watched inquiries of his presidency.