Appeals Court Rejects Biden's Bid to Block Ghostwriter Recording Release
Appeals court rejected Biden's bid to block ghostwriter recordings obtained during classified documents probe.
Event / Politics
Biden Memoir Recordings Appeal
A federal appeals court ruled that public interest in disclosure of Biden's 2016-2017 memoir interview recordings outweighs his privacy claims. The recordings were obtained during Special Counsel Robert Hur's classified documents investigation. The court suspended its decision until August 3, 2026 to allow Biden to pursue further appeals.
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2026-08-15 to 2026-11-12 · UTC publication dates
Coverage begins 22 Jul, 04:14 UTC
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What happened
Trump administration Justice Department released ghostwriter recordings to Congress and Heritage Foundation
The Justice Department under President Donald Trump's administration released or prepared to release the audio recordings and transcripts of Biden's ghostwriter interviews to Congress and the conservative Heritage Foundation. Biden sued to prevent this release and sought an injunction from the courts, arguing the material should remain private.
U.S. Court of Appeals rejects Biden's request to block release of ghostwriter interview recordings
The U.S. Court of Appeals for the District of Columbia Circuit rejected former President Joe Biden's request to block the release of audio recordings and transcripts of interviews he gave to memoir ghostwriter Mark Zwonitzer in 2016 and 2017. A divided three-judge panel ruled 2-1 that the substantial public interest in disclosing the material outweighs Biden's privacy claims. The court suspended its decision until August 3, 2026 to allow Biden time to consider further appeals. The majority opinion stated that redactions to the recordings would protect Biden's privacy while allowing disclosure.
Heritage Foundation sued Justice Department for Biden ghostwriter interview materials under FOIA
The Heritage Foundation filed a lawsuit against the Justice Department in March 2024 seeking the transcripts and audio recordings of Biden's interviews with ghostwriter Mark Zwonitzer under the Freedom of Information Act. Biden argued the material was not subject to FOIA disclosure because it constituted personal property, but the appeals court rejected this argument, ruling the material became subject to FOIA's disclosure mandate when the Special Counsel obtained possession of it during the classified documents investigation.
Appeals court judges appointed by Obama and Trump formed majority supporting recordings release
The majority opinion in the appeals court ruling was written by D.C. Circuit Chief Judge Sri Srinivasan, who was nominated by President Barack Obama, and Judge Gregory Katsas, who was nominated by President Donald Trump. Both judges agreed that the public interest in disclosure outweighed Biden's privacy claims.
Judge Florence Pan dissented from majority opinion on Biden recordings disclosure
Judge Florence Pan, who was nominated by President Biden, dissented from the majority opinion in the appeals court ruling. Pan argued that Biden demonstrated a substantial privacy interest in keeping the recordings secret, noting that the conversations took place in Biden's home and were obtained by the government during a criminal investigation that did not result in an indictment.
District Judge Friedrich ruled in June 2026 that public interest outweighs Biden's privacy rights in recordings
U.S. District Judge Dabney Friedrich, who was nominated by President Donald Trump, ruled in June 2026 that the public interest in disclosing the ghostwriter recordings outweighed whatever privacy rights Biden possessed. This ruling was appealed by Biden to the Court of Appeals.
Special Counsel Robert Hur obtained Biden ghostwriter recordings during classified documents investigation
Special Counsel Robert Hur obtained the audio recordings and transcripts of Biden's interviews with ghostwriter Mark Zwonitzer during his investigation into Biden's handling of classified documents from his time as a senator and vice president. Hur's February 2024 report noted that Biden showed diminished faculties and faulty memory in the conversations, describing them as painfully slow with Biden struggling to remember events. Hur ultimately declined to bring charges against Biden.
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