Biden drops legal fight to block release of memoir ghostwriter recordings after appeals court ruling

Joe Biden argued the interviews were private, but a federal appeals court ruled 2-1 that the public interest outweighed his privacy concerns
Special Counsel Robert Hur obtained Joe Biden's recordings during his classified documents probe and declined charges in 2024, citing insufficient evidence (Getty Images)
Special Counsel Robert Hur obtained Joe Biden's recordings during his classified documents probe and declined charges in 2024, citing insufficient evidence (Getty Images)

WASHINGTON, DC: Former President Joe Biden has dropped his lawsuit seeking to block the release of audio recordings and transcripts from interviews with the ghostwriter of his 2017 memoir, clearing the way for the material to be turned over to a Republican-led congressional committee.

The move came days after a federal appeals court ruled 2-1 that the public interest in releasing the recordings outweighed Biden's privacy concerns.

The interviews, conducted in 2016 and 2017 for 'Promise Me, Dad,' were later obtained during Special Counsel Robert Hur's classified documents investigation.

Joe Biden drops lawsuit over interview recordings

Biden's attorneys filed a notice of voluntary dismissal on Friday, July 24, ending a lawsuit that sought to prevent the Justice Department from releasing the recordings and transcripts to the Republican-led House Judiciary Committee and the conservative Heritage Foundation.

In the lawsuit, Biden's legal team argued that releasing the interviews would "constitute an unwarranted invasion of President Biden's privacy."



"Every American, including a sitting or former vice president, has a right to privacy in the personal conversations he has within his own home," Biden's lawyers wrote. 

"And when the US Department of Justice obtains that private information through a criminal investigation, the Department bears a particular responsibility to protect it from disclosure."

The interviews took place after Biden's tenure as vice president under Barack Obama and before he launched his successful 2020 presidential campaign.

However, a three-judge panel of the US Court of Appeals for the District of Columbia Circuit ruled 2-1 earlier this week that the public interest favored disclosure.

(L-R) Former U.S. President Barack Obama, former First Lady Michelle Obama, U.S. President Joe Biden and First Lady Jill Biden arrive at a ceremony to unveil the official Obama White House portraits at the White House on September 7, 2022 in Washington, DC. The Obama’s portraits will be the first official portraits added to the White House Collection since President Obama held an unveiling ceremony for George W. Bush and Laura Bush in 2012. (Photo by Kevin Dietsch/Getty Images)
Former President Barack Obama, former first lady Michelle Obama, former President Joe Biden and former first lady Jill Biden arrive at a ceremony to unveil the official Obama White House portraits at the White House on September 7, 2022 in Washington, DC (Kevin Dietsch/Getty Images)

"We conclude that any remaining incursion on personal privacy from disclosure of the now-redacted materials likely does not outweigh the public interest in disclosure," the majority wrote.

Judge Florence Pan dissented, writing that Biden had demonstrated "a substantial privacy interest" because the conversations occurred in his home and were obtained during a criminal investigation that did not result in charges.

Robert Hur obtained recordings during Biden probe

The recordings were obtained by then-Special Counsel Robert Hur during his investigation into Biden's handling of classified documents from his years as a US senator and vice president.

In February 2024, Hur declined to bring criminal charges, concluding that the evidence did not establish guilt beyond a reasonable doubt.

WASHINGTON, DC - SEPTEMBER 19: United States Attorney Robert Hur speaks at a news conference about t
Attorney Robert Hur speaks at a news conference about the indictment of Kevin Merrill, Jay Ledford, and Cameron Jezierski by a Maryland grand jury at Attorney's Office, on September 19, 2018 in Baltimore, MD (Zach Gibson/Getty Images)

His report nevertheless drew widespread attention after describing Biden as a "sympathetic, well-meaning, elderly man with a poor memory," a characterization that the former president strongly rejected at the time.

WASHINGTON, DC - JULY 11: U.S. President Joe Biden holds news conference at the 2024 NATO Summit on July 11, 2024 in Washington, DC. NATO leaders convene in Washington this week for the annual summit to discuss future strategies and commitments and mark the 75th anniversary of the alliance’s founding. (Photo by Kevin Dietsch/Getty Images)
Former President Joe Biden holds news conference at the 2024 NATO Summit on July 11, 2024 in Washington, DC (Kevin Dietsch/Getty Images)

Following Hur's decision not to prosecute, Republicans in Congress sought access to the recordings, arguing they were relevant to congressional oversight.

Biden responded by filing suit in May to block their release, but a federal district judge later ruled that the public interest outweighed his privacy claims.

After the appeals court upheld that reasoning, Biden opted to voluntarily dismiss the case rather than continue the legal challenge.

NEW YORK, NEW YORK - MARCH 23: Former U.S. President Joe Biden poses backstage on opening night of
Former President Joe Biden poses backstage on opening night of 'Othello' on Broadway at The Barrymore Theatre on March 23, 2025 in New York City (Bruce Glikas/WireImage)

The recordings and transcripts are now expected to be released to the House Judiciary Committee, ending months of litigation over material that became part of the Justice Department's classified documents investigation.

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