Appeals court blocks Trump DOJ from releasing Biden interview tapes cited in Robert Hur report

A US appeals court temporarily blocked the Justice Department from releasing materials to the Heritage Foundation for at least 10 days
The dispute over private recordings of former President Joe Biden's talks with his biographer Robert Hur entered a new phase after an emergency court order halted their release (Kent Nishimura/Getty Images, Chip Somodevilla/Getty Images)
The dispute over private recordings of former President Joe Biden's talks with his biographer Robert Hur entered a new phase after an emergency court order halted their release (Kent Nishimura/Getty Images, Chip Somodevilla/Getty Images)

WASHINGTON, DC: A federal appeals court has temporarily blocked the Trump administration's Justice Department from releasing audio recordings and transcripts of former President Joe Biden's conversations with his biographer, pausing a closely watched legal battle tied to former Special Counsel Robert Hur's investigation into Biden's handling of classified documents.

WASHINGTON, DC - DECEMBER 17: House Rules Committee chairman Rep. Jim McGovern (D-MA) holds the gave
A federal appeals court issued an emergency order temporarily blocking the release of Joe Biden's recorded interviews (Getty Images)

The US Court of Appeals for the District of Columbia Circuit issued an emergency administrative injunction on Friday, July 10, preventing the Justice Department from turning over the materials to the Heritage Foundation for at least 10 days while it considers Biden's appeal.

The recordings became politically significant after Hur's 2024 report cited them while describing Biden's memory during the classified documents investigation.

Court pauses release battle

The three-judge appellate panel said the temporary injunction is intended to give the court time to consider Biden's emergency request and should not be viewed as a ruling on the merits of the case.

GREENBELT, MARYLAND - FEBRUARY 21: U.S. Attorney Robert Hur (C) speaks to the media about Christophe
Robert Hur's 2024 report cited Biden's recorded conversations while discussing his memory during the classified documents investigation (Getty Images)

The recordings stem from interviews Biden gave to biographer Mark Zwonitzer in 2016 and 2017 while working on his memoir 'Promise Me, Dad'.

The Heritage Foundation later sought access to the tapes and related transcripts through the Freedom of Information Act after Hur referenced portions of the interviews in his report.

Although the Justice Department initially withheld the material, the department reversed course after President Donald Trump returned to office, saying it planned to release the recordings to Congress and the Heritage Foundation.

Robert Hur's report remains central

WASHINGTON, DC - DECEMBER 09: The Justice Department building on a foggy morning on December 9, 2019
The Trump Justice Department reversed its earlier position and sought to release the recordings to Congress and the Heritage Foundation (Getty Images)

Hur declined to charge Biden over his handling of classified documents but wrote that the recordings reflected what he described as the former president's "diminished faculties" and "faulty memory."

Those observations quickly became a focal point of political debate during the 2024 election cycle and continue to draw attention.

Biden's legal team argues the recordings were obtained during a criminal investigation that ended without charges and were never intended for public release.

In court filings, his attorneys compared the interviews to private diaries or personal text messages, saying disclosure would cause unnecessary harm and serve no urgent public interest now that Biden is a private citizen.

(Getty Images)
Biden's legal team argues the interviews were private conversations obtained during an investigation that ended without criminal charges (Getty Images)

Justice Department lawyers countered that releasing the recordings would allow the public to independently evaluate Hur's conclusions and better understand the evidence behind his report.

The appellate court's order keeps the recordings under seal until at least July 20, leaving unresolved whether the public will ultimately hear the interviews that played a key role in one of the most scrutinized investigations of Biden's presidency.

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