Biden sues DOJ to block release of secret deposition tapes

President Joe Biden has initiated legal action against the Justice Department, seeking to prevent the public release of audio recordings and transcripts from interviews he conducted with a ghostwriter.

These materials were originally obtained by the special counsel investigating his handling of classified documents.

In a lawsuit filed Tuesday in Washington’s federal court, Biden’s legal team stated that the Justice Department intends to release these files to Congress and the conservative Heritage Foundation.

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This move comes despite the department previously arguing that the documents were exempt from disclosure under public records law.

Biden’s attorneys contend that such a disclosure would "constitute an unwarranted invasion of President Biden’s privacy."

They further argued, "Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home. And when the U.S. Department of Justice obtains that private information through a criminal investigation, the Department bears a particular responsibility to protect it from disclosure."

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The core of the dispute involves audio recordings and transcripts from interviews Biden held at his home in 2016 and 2017 with Mark Zwonitzer, who collaborated with Biden on his two memoirs.

Special counsel Robert Hur scrutinized these files during his investigation into the president’s retention of classified documents from his time as a senator and vice president.

Hur’s year-long probe culminated in a 345-page report that questioned Biden’s age and mental competence but ultimately recommended no criminal charges against the then-81-year-old, citing insufficient evidence for a successful prosecution.

This legal battle is distinct from Biden’s ongoing efforts to block the release of audio from his interview with Hur. In 2024, the House voted to hold then-Attorney General Merrick Garland in contempt of Congress for refusing to hand over that audio, after the White House asserted executive privilege to shield it.

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Transcripts of five hours of Biden’s interviews with federal prosecutors were released that same year.

While Biden maintained he took classified information seriously, the transcripts revealed instances in which he was unclear about dates and details, and he admitted he was unfamiliar with the paper trail for some sensitive documents he handled.

Republicans have criticized the Justice Department, alleging Biden received preferential treatment and that Trump was unfairly targeted by prosecutors.

Democrats, conversely, have emphasized Biden’s cooperation in the investigation, drawing a stark contrast with the separate criminal case against Trump, who faced accusations of refusing to return classified documents requested by the National Archives from his Florida estate.

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