Overview
- Biden filed the lawsuit on Tuesday, May 26, asking the U.S. District Court in Washington to declare the congressional request invalid and to enjoin the Justice Department from disclosing the recordings and transcripts.
- The Justice Department told Biden in February that it would reverse an earlier withholding decision and finalized plans to hand over the materials, with limited redactions, to the House Judiciary Committee and the Heritage Foundation on June 15.
- The files are audio recordings and transcripts of conversations between Biden and ghostwriter Mark Zwonitzer made at Biden’s home in 2016–2017 for his memoir and were obtained by Special Counsel Robert Hur during his 2023 classified-documents investigation, which did not result in charges.
- Biden’s complaint relies on the Privacy Act and the Administrative Procedure Act and contends the department’s February reversal under the current administration was unexplained and would unlawfully invade personal privacy.
- The case raises broader questions about FOIA exemptions for materials gathered in criminal probes, the reach of congressional oversight, and the odds of a court order before the June 15 release as political reactions escalate.