Former President Joe Biden has opted to drop his lawsuit that sought to block the public release of audio recordings from interviews he conducted with the ghostwriter of his memoirs. The voluntary dismissal, filed by his attorneys in U.S. District Court in Washington, D.C. on July 25, follows a recent decision by a divided federal appeals court that rejected his efforts to keep the materials private.
The legal challenge had centered on recordings obtained during Special Counsel Robert Hur’s investigation into Biden’s handling of classified documents. Although Hur concluded his 2024 investigation without bringing criminal charges, Republican members of Congress subsequently sought access to the interview materials. The recordings were captured during conversations between Biden and ghostwriter Mark Zwonitzer in 2016 and 2017 while working on the memoir "Promise Me, Dad." The two also collaborated on Biden's 2007 book, "Promises to Keep."
Biden’s legal team had argued that the recordings contained private conversations from his home and that their release would constitute an unwarranted invasion of privacy. However, the litigation reached a turning point when the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 against the former president. In the majority opinion, Chief Judge Sri Srinivasan and Judge Gregory Katsas determined that any remaining privacy concerns did not outweigh the public interest in disclosure. Judge Florence Pan dissented, arguing that Biden maintained a substantial privacy interest because the interviews occurred within his home and were gathered as part of a criminal investigation that resulted in no indictment.
The case originated after the Heritage Foundation, a conservative think tank, filed a Freedom of Information Act request for the recordings and subsequently sued to force their release. In June, U.S. District Judge Dabney Friedrich ruled that while Biden’s privacy interests were legitimate, the public interest in government transparency took precedence. She further concluded that redactions made by the Justice Department were sufficient to protect sensitive personal data. By choosing to dismiss the case rather than pursue further appeals, including a potential petition to the Supreme Court, Biden has effectively cleared the way for the recordings and transcripts to be turned over to the Republican-led House committee as ordered by the court.
Biden appealed that ruling, which temporarily blocked the release while the case moved through the courts. Friday's dismissal ends that appeal, allowing the recordings and transcripts to be turned over under the court's order.
Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com, or on X @athompsonUSAT
