A federal appeals court has rejected an effort by former President Joe Biden to block the Justice Department (DOJ) from releasing redacted transcripts and audio recordings of his conversations with his longtime memoir writer. The ruling, issued by the U.S. Court of Appeals for the District of Columbia Circuit on Monday, July 21, 2026, could pave the way for these materials to be provided to the Heritage Foundation, a conservative think tank. The D.C. Circuit has, however, delayed the effect of its decision until August 3, allowing former President Biden time to pursue additional appeals.
"a likelihood that the requested materials must be withheld from disclosure." — The D.C. Circuit majority opinion
The dispute originates from conversations recorded in 2016 and 2017, when former President Biden met with biographer Mark Zwonitzer while working on his memoir, “Promise Me, Dad.” These recordings were later obtained by the DOJ during former special counsel Robert Hur’s investigation into former President Biden’s handling of classified documents after his vice presidency. Hur’s report, released in 2024, referenced these conversations and included observations about former President Biden’s memory and recollection abilities during the interviews.
Following the public release of Hur’s report, the Heritage Foundation submitted a Freedom of Information Act (FOIA) request seeking materials utilized by the special counsel, specifically those related to former President Biden’s recorded conversations with Zwonitzer. The DOJ initially withheld the recordings and most transcripts, citing various FOIA exemptions. However, according to CBS News, the department later moved toward releasing these materials to Congress and the Heritage Foundation after President Donald Trump returned to office.
Former President Biden subsequently intervened in a lawsuit initiated by the Heritage Foundation, seeking a court order to block the release of the records. His legal team argued that the conversations were private discussions never intended for public distribution, likening their disclosure to the release of personal communications. They contended that there was no urgent public interest in releasing materials from nearly a decade ago, especially since former President Biden is not currently serving as president.
In contrast, DOJ officials argued that releasing the records would enable the public to independently evaluate the evidence underpinning Hur’s findings and conclusions. Department lawyers informed the court that public access to these materials would allow for a more comprehensive understanding of the special counsel’s report. The appellate court noted that the records had undergone redaction to remove sensitive personal information, including references to private individuals, health matters, and family issues.
The D.C. Circuit’s 2-1 majority opinion found that former President Biden had not adequately demonstrated "a likelihood that the requested materials must be withheld from disclosure.” Judges Sri Srinivasan and Gregory Katsas formed the majority. The court concluded that the remaining privacy concerns, after redaction, did not outweigh the significant public interest in disclosure. The ruling highlighted that the redacted material primarily involved topics such as former President Biden’s discussions of foreign policy and his decision not to run for president in 2016, subjects that have already been addressed publicly through Hur’s report and former President Biden’s memoir.
Judge Florence Pan, who was nominated by former President Biden, dissented from the majority’s decision. She argued that former President Biden possessed a significant privacy interest, emphasizing that the conversations occurred inside his home and were obtained during a government investigation that ultimately did not result in criminal charges. Judge Pan wrote that allowing the immediate release would effectively resolve the case before former President Biden had a further opportunity to appeal.
The broader political significance of this dispute stems from Special Counsel Hur’s investigation into former President Biden’s handling of classified documents. While Hur declined to recommend criminal charges, his report garnered national attention for raising concerns about former President Biden’s memory and recollection, describing him as a “well-meaning, elderly man with a poor memory.” Former President Biden has denied any wrongdoing. The appeals court’s decision does not mandate immediate release due to the temporary stay until August 3, providing former President Biden’s legal team with time to seek further review.
