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Judge Permits DOJ to Release Redacted Biden Ghostwriter Tapes Amid Classified Document Inquiry
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A federal judge on June 19 denied former President Joe Biden's attempt to block the release of recordings he made with his ghostwriter, clearing the way for the Trump administration to hand them over to a conservative group. U.S. District Judge Dabney Friedrich ruled that the public interest in the materials outweighs Biden's privacy concerns, according to AP.
The tapes were recorded between 2016 and 2017, when Biden spoke candidly with ghostwriter Mark Zwonitzer while working on two memoirs. Special Counsel Robert Hur seized them during his investigation into Biden's handling of classified documents. The Heritage Foundation, a conservative think tank, got access to them through a Freedom of Information Act request — a law that lets the public ask for government records.
How Private Memoir Tapes Became a Federal Case
Hur was appointed special counsel in January 2023 to investigate whether Biden mishandled classified documents. During that probe, his team got hold of Zwonitzer's recordings. In February 2024, Hur released a 345-page report. He did not recommend charges, but he described Biden as a "sympathetic, well-meaning, elderly man with a poor memory" — a phrase that caused major political fallout, according to MyNorthwest.
The ghostwriter himself drew scrutiny. Zwonitzer deleted some of the recordings after the special counsel was appointed, though no charges were filed against him. The surviving tapes then sat inside the DOJ — until the Trump administration took over and reversed course on whether to release them.
Biden Sued to Keep the Tapes Private
On May 26, 2026, Biden filed a lawsuit to stop the release. His legal team argued the recordings were made inside his private home and qualified as protected personal information under a FOIA exemption. Biden said: "Every American has a right to privacy in the personal conversations he has within his own home," according to Courthouse News.
Biden's lawyers also argued the DOJ's reversal was "pretextual" — meaning it lacked a real legal basis and was politically motivated. The original planned release date was June 15, 2026. Biden's lawsuit triggered a short delay. But the court did not side with him, according to KTAR.
Judge Says Redactions Already Protect Sensitive Details
Judge Friedrich, a Trump appointee, ruled that the administration had already removed the most sensitive content. She wrote that the materials "contain no mention of highly sensitive topics like illness or death, nor do they mention any non-public persons," according to AP. She found the public interest in understanding the special counsel's decision-making outweighed Biden's privacy claim.
Biden's lawyers quickly asked for a stay — a legal pause — while they appeal the ruling. They warned that "once the tapes are out, the bell cannot be unrung." The case now moves to the D.C. Circuit Court of Appeals, where Biden's team hopes to halt the release before it happens, according to AP.
What the Tapes Could Mean for Biden's Legacy
The Heritage Foundation argues the public has a right to hear the evidence Hur used to assess Biden's mental fitness. If the audio shows memory lapses similar to those described in Hur's report, it could strengthen Republican claims made during the 2024 campaign about Biden's cognitive ability. Some analysts say the timing — ahead of 2026 midterm elections — is not a coincidence, according to Seattle Times.
Civil liberties advocates worry the case sets a dangerous precedent. If private conversations shared with a biographer can be released as government records after being seized in a criminal probe, future leaders may think twice before creating historical recordings. Legal experts note the ruling narrows privacy protections for former high-ranking officials in a significant new way, according to Seattle Times.
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