Overview
- A divided three-judge D.C. Circuit panel denied Joe Biden’s emergency request on Monday, July 21, 2026, concluding that redacted audio and transcripts of his 2016–2017 interviews with ghostwriter Mark Zwonitzer could be released unless he wins further relief by Aug. 3.
- The court held that the recordings became subject to the Freedom of Information Act after Special Counsel Robert Hur obtained them during his classified‑documents investigation, which is why the Justice Department can be ordered to disclose redacted material.
- Majority judges Sri Srinivasan and Gregory Katsas said any remaining privacy intrusion is outweighed by a substantial public interest in seeing the evidence Hur relied on, while Judge Florence Pan dissented arguing Biden showed a significant privacy interest.
- Hur’s 2024 report referenced the interviews and described episodes of poor memory and slow recall, a portrayal that plaintiffs say the public needs to assess the special counsel’s decision not to bring charges.
- If Biden does not obtain a stay or win further appeals by Aug. 3 the Justice Department could provide redacted transcripts and audio to the Heritage Foundation and congressional requesters, a step that could prompt additional litigation including a possible Supreme Court petition.