Former U.S. President Joe Biden has filed a lawsuit against the Justice Department in an attempt to stop the release of recorded interviews he gave to the ghostwriter of his memoir, arguing that the material contains private and sensitive conversations that should not be made public.
The recordings and transcripts were collected during Special Counsel Robert Hur’s investigation into Biden’s handling of classified documents after leaving the vice-presidency. Hur concluded in 2024 that Biden had improperly retained some classified material, but he did not recommend criminal charges. His report, however, triggered a political storm because it included sharp observations about Biden’s memory and ability to recall events.
The disputed interviews were conducted with Mark Zwonitzer, who worked with Biden on his 2017 memoir, Promise Me, Dad. The book reflected on Biden’s political career, family life, and the death of his eldest son, Beau, in 2015. According to Hur’s report, Biden referred during the conversations to notes from his time as vice-president, some of which appeared to include classified information.
Hur wrote that “Mr Biden’s memory also appeared to have significant limitations” and described the exchanges with Zwonitzer as “painfully slow, with Mr Biden struggling to remember events and straining at times to read and relay his own notebook entries.”
Those comments intensified Republican criticism and fed wider concerns about Biden’s age and fitness for office. The issue became even more prominent during the 2024 election cycle, particularly after a faltering debate performance increased pressure from within the Democratic Party and preceded Biden’s decision to abandon his re-election bid.
Republican lawmakers and the conservative Heritage Foundation have sought access to the memoir materials since Hur’s findings were made public. The Justice Department previously resisted disclosure on privacy grounds, but under President Donald Trump, it has changed course and indicated that redacted versions could be released by 15 June.
Justice Department Spokesperson Natalie Baldassarre said, “Joe Biden’s Justice Department tried to hide audio recordings that clearly demonstrate a significant decline in his cognitive abilities as far back as 2016.”
Biden’s lawyers argue that the planned release violates the Privacy Act and federal rulemaking procedures. They also accused the department of using a false justification “to disclose records reflecting President Biden’s private conversations for the sake of exposure, among other improper purposes.”