By Daily Mail (U.S.) | Created at 2026-07-21 15:26:16 | Updated at 2026-08-09 07:31:24
2 weeks ago
Former President Joe Biden has been dealt a major blow in his quest to keep hidden the interviews which provided the basis of a previous memoir.
In a 2-1 ruling, the US Court of Appeals for the District of Columbia rejected a request from Biden and his legal team to block the release of the audio recordings that he shared with a writer for his 2017 memoir 'Promise Me, Dad.'
Republicans in Congress have been seeking to make the recordings public after the Justice Department obtained them during its probe into Biden's handling of classified documents, which ran during the Democrat's presidency from 2023 to 2024.
That report, authored by former Special Counsel Robert Hur, stirred controversy around the former President when it questioned his diminished mental acuity and forgetfulness, leaving many to wonder what the attorney found.
Hur decided against bringing charges against the President, in part, because he said Biden was a 'sympathetic, well-meaning, elderly man with a poor memory.' He also noted Biden's 'diminished faculties in advancing age.'
The three-judge panel ruled on Monday that despite Biden's attempt to keep the files sealed, there is a 'substantial' public interest in the documents.
'We conclude that Biden has not shown a likelihood that the requested materials must be withheld from disclosure,' the majority reportedly wrote.
'We conclude that any remaining incursion on personal privacy from disclosure of the now-redacted materials likely does not outweigh the public interest in disclosure.'
A three-judge panel in Washington batted down a recent attempt by former President Joe Biden to keep sealed the audio transcripts used to author his 2017 memoir. The judges gave time for Biden's team to appeal
The audio files were obtained by the Justice Department during its probe into Biden's handling of classified documents from 2023 to 2024. The conservative Hertigate Foundation has filed a public information request to unseal the recordings
The recordings took place in 2016 and 2017 when Biden was Vice President. Above, he is shown at a Democratic presidential debate in 2020
Any redactions to the audio recordings would only help shield Biden's privacy, the majority ruled.
The interviews were recorded at Biden's home in 2016 and 2017 with author Mark Zwonitzer.
They took place when Biden was Vice President and before his 2020 campaign, and were meant to remain private, the former President's legal team has argued.
Zwonitzer admitted to deleting the audio files during Hur's investigation, claiming he was afraid of getting hacked.
The conservative Heritage Foundation began a public disclosure legal battle with the DOJ to release the files in 2024 shortly after Hur's report was published.
'The conversations at issue took place in Biden's home, and the recordings of them were obtained by the government in the course of a criminal investigation that did not lead to an indictment,' Judge Florence Pan wrote in her dissent.
A Biden-appointed judge, Pan argued that the former President has shown 'substantial' interest in keeping the files private.
Judges Gregory Katsas, a Trump appointee, and Sri Srinivasan, an Obama appointee, ruled against the motion to keep the files hidden.
Biden announced an upcoming memoir titled 'Promise Me, America' last week
The panel stayed an opinion until August 3, allowing further time for Biden's legal team to appeal.
During a 2024 congressional hearing, Hur testified that Biden had retained classified documents, though he decided against pressing charges.
Hur said that included in the evidence was a recorded conversation between Biden and his ghostwriter in which the President stated that he had just 'found all the classified stuff downstairs.'
Biden announced last week that he would be releasing another memoir titled 'Promise Me, America.' It is expected to be published later this year.
