Newly released audio from President Biden’s interview with special counsel Robert Hur reveals him struggling to recall key dates in his life. highlighting significant memory lapses.
Former PresidentJoe Bidenhas won another three weeks to block the release of audio recordings. transcripts tied to special counsel Robert Hur's classified documents investigation after a federal judge granted a temporary injunction while a federal appeals court reviews his challenge.
The recordings stem from Biden's interviews with Mark Zwonitzer, the ghostwriter of his 2017 memoir, "Promise Me, Dad."
U.S. District Judge Dabney Friedrich. a Trump appointee, on Friday issued an injunction pending appeal that prevents the Justice Department from releasing the materials while the D.C. Circuit considers the case. The order came just hours after Friedrich denied Biden's request for a preliminary injunction. would have stopped the release altogether.
The legal battle could determine whether Americans ever hear the recordings. helped shape Hur'sdecision not to prosecute Bidenover his handling of classified documents. The audio has been the subject of intense scrutiny. Hur raised questions about Biden's memory in explaining why he declined to bring charges against Biden for mishandling classified documents.
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Although the Justice Department previously released audio from Biden's interviews with Hur, the recordings at the center of the current legal battle involve separate conversations between Biden. Zwonitzer.
Hur's 2024 report repeatedly referenced Biden's recorded conversations with Zwonitzer. The special counsel described some exchanges as "painfully slow". said Biden at times struggled to recall events and relay information, observations that fueled scrutiny of the Biden's cognitive abilities during an election year.
Former President Joe Biden speaks to a crowd during a fundraising event with the South Carolina Democratic Party at the Columbia Museum of Art on Feb. 27, 2026, in Columbia, S.C.(Sean Rayford/Getty Images)
The Heritage Foundation. its Oversight Project director, Mike Howell, have spent more than two years seeking the recordings and transcripts through FOIA requests.
Heritage Foundation officials haveargued the public has a strong interest in reviewing the materials referenced throughout Hur's report. particularly because the special counsel relied on the recordings in explaining his decision not to pursue criminal charges.
Biden has been fightingto keep the potentially embarrassing recordings under wraps.
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After Friedrich denied Biden's motion for a preliminary injunction Friday. Biden's legal team immediately soughtemergency reliefto preserve the status quo while appealing the decision.
In an emergency filing. Biden's attorneys argued that disclosure would effectively end the case beforeappellate judgescould review the legal questions involved. They maintained that once the recordings are released, any privacy protections would be permanently lost,. the appeal would become largely moot.
Former special counsel Robert K. Hur testifies before the House Judiciary Committee in Washington, D.C., March 12, 2024. Hur investigated President Joe Biden’s handling of classified documents and published a report with conclusions about Biden’s memory.(Win McNamee/Getty Images)
The filing also stressed that the FOIA litigation has already been pending for more than two years. argued there was no urgent public need requiring immediate disclosure of conversations that occurred roughly a decade ago between Biden and his ghostwriter. Biden's attorneys noted that the former president is now a private citizen whoneither holds nor is seekingpublic office.
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The Justice Department initially withheld the recordings and much of the transcript material under several FOIA exemptions. Earlier this year, however, the department reversed course. determined the records could be released with redactions after concluding that significant public interest existed in understanding evidence relied upon by Hur during his investigation.
After the Justice Department announced plans to release the recordings,Biden filed suit in Mayto stop the disclosure. claiming the audiotapes contain private conversations that should remain protected from public release and, if released, would be in violation of the Privacy Act.
President Joe Biden speaks during an official transition event to thank Ron Klain for his work. to welcome successor Jeff Zients.(Reuters/Kevin Lamarque)
His legal team argued that the department's decision violates the Privacy Act. constitutes arbitrary agency action under the Administrative Procedure Act.
Leading Biden's legal effort isAmy Jeffress, a partnerat Washington-based law firm Hecker Fink. a former Justice Department national security official. Jeffress has served as the primary attorney advancing Biden's challenge to the release of the materials. signed the recent emergency filing seeking to prevent disclosure while the appeal proceeds.
Jeffress has also drawn attention because she is married to U.S. District Judge Christopher Cooper. an Obama appointee who recently ruled against the Trump administration in a high-profile dispute involving theKennedy Center. Cooper's ruling prompted criticism from some Trump allies. conservative commentators who pointed to the judge's family connection to Biden's attorney, suggesting a conflict of interest may be at play in Cooper's work.
Elaine Mallon is a writer for Fox News Digital and Fox Business covering national politics.
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