The lawsuit filed in Washington, D.C.'s federal court Tuesday argues that the DOJ is abandoning “core tenets of American justice” by disclosing what Biden’s legal team describes as the former President’s "private information."
The foundation sought access to materials used in then-Special Counsel Robert Hur’s 2023 investigation into Biden’s handling of classified documents when he served as Vice President between 2009-2017.
However, Hur did allege in his report that Biden had disclosed some classified information from his notebooks to ghostwriter Mark Zwonitzer during interviews for the memoir. Biden vehemently denied this.
Biden’s attorney Amy Jeffress argues in the new lawsuit that the DOJ under President Donald Trump “reversed” its previous position that the materials were exempt from disclosure in early 2026, “without any formal explanation.”
“The DOJ themselves have said these tapes serve no public interest. What's happening now isn't about transparency. It's about politics.”
Biden’s legal team maintains that the recordings and transcripts should remain “exempt from disclosure” under FOIA exemptions and should be permanently barred from ever being released.
The material includes recordings and transcripts of conversations with Zwonitzer that started in 2016 ahead of the former President’s 2017 memoir titled Promise Me, Dad: A Year of Hope, Hardship, and Purpose.
“That year, President Biden navigated a range of foreign and domestic policy challenges as Vice President and weighed a run for the Presidency in 2016,” details the filing.
“The public and private dimensions of President Biden’s life have always been intertwined, but perhaps never more so than during that difficult year. President Biden and Zwonitzer recorded their conversations for use in writing Promise Me, Dad, and they both understood that they were speaking privately,” the lawsuit states.
On May 21, the court “granted intervention as to some but not all of President Biden’s proposed cross-claims” and blocked him from pursuing claims about the committee’s request for the audios and transcripts, according to court records.
After returning to the White House last year, Trump ordered an investigation into Biden and his aides, accusing the latter of concealing Biden’s “serious cognitive decline” and abusing the power of Presidential signatures “through the use of an autopen.”
Biden referred to the claims as “ridiculous and false,” insisting: "Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations.”
The former President said the investigation was “nothing more than a distraction by Donald Trump and Congressional Republicans.”
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