Appeals Court Rejects Biden’s Move to Block DOJ Release of Records
A federal appeals court has declined former President Joe Biden’s request to prevent the Department of Justice from disclosing audio recordings and interviews with ghostwriters related to an investigation into his handling of classified documents.
On Monday, a three-judge panel from the District of Columbia Circuit Court of Appeals ruled 2-1 against Biden’s efforts to restrict the Heritage Foundation from accessing these records under the Freedom of Information Act (FOIA).
“We’ve determined that Mr. Biden has not shown a basis for withholding the requested materials,” Justices Shri Srinivasan and Gregory Katsas stated in an unsigned opinion.
The justices noted, “Any violation of individual privacy from disclosing currently redacted material is unlikely to outweigh the public interest in making it available.” They added that significant privacy interests exist concerning unidentified subjects of a non-prosecution investigation. The Justice Department had already indicated the appointment of a special counsel, revealing that Biden was under investigation for allegedly retaining and disclosing classified materials.
The judges emphasized that disclosing this material could serve the public interest, particularly as it relates to the ongoing investigation.
In a dissent, Justice Florence Pan expressed concern that the ruling could lead to the premature disclosure of private conversations pertaining to Biden.
“In my view, Biden has shown a notable interest in privacy,” Pan stated. “The conversations in question occurred at Biden’s home, and the recordings were collected during a criminal investigation that didn’t lead to charges.”
This investigation started in 2022 after classified documents were found at the Penn Biden Center, where Biden had an office post-vice presidency. His attorneys notified the National Archives, which subsequently led to a search uncovering more classified materials at Biden’s home in Delaware.
In 2023, U.S. Attorney Robert Hur was appointed as special counsel to explore whether Biden had breached any laws. His findings suggested that Biden retained classified military and foreign policy documents, along with notes on national security matters, and possibly shared classified information with a ghostwriter while drafting his memoir.
Biden had several discussions with author Mark Zwonitzer, who ghost-wrote his memoir, “Promise Me, Dad,” after serving as vice president under Barack Obama. These conversations became part of the broader investigation.
Ultimately, Hur found that pursuing criminal charges against Biden wasn’t warranted, citing challenges in proving intent to violate the law and viable defenses regarding how Biden ended up with the documents and cooperated with investigators.
The Heritage Foundation has argued for the public interest in the interviews, suggesting they might clarify the rationale behind the decision not to indict Biden.
On Twitter, Nick Sorter reported, “The U.S. Court of Appeals in Washington, D.C., has rejected Joe Biden’s emergency request to block the release of his lengthy interview with Special Counsel, with a vote of 2-1.” He remarked that this could raise questions about Biden’s mental fitness for the presidency.
