Biden Moves to Block DOJ Release of Classified Ghostwriter Tapes to Congress and Heritage Foundation

Former President Joe Biden is preparing to ask a court to block the release of his conversations with his ghostwriter, Mark Zwonitzer, tapes that played a pivotal role in the classified-documents investigation led by Special Counsel Robert Hur.

The recordings, which include discussions about classified material, are at the center of Hur’s findings that Biden read classified notebook passages aloud to Zwonitzer. The special counsel also noted that Biden’s memory lapses could complicate efforts to prove willful mishandling of classified information. Biden has denied sharing classified information.

Why These Tapes Matter in the Classified-Documents Probe

According to Hur’s report, Biden’s conversations with Zwonitzer in 2017 revealed significant details about his handling of classified documents. Hur wrote that Biden read journal entries containing classified information "nearly verbatim" at least three times. The tapes also capture Biden stating, "I just found all the classified stuff downstairs."

In his report, Hur described Biden as a "sympathetic, well-meaning, elderly man with a poor memory," noting that his memory limitations were evident both in the 2017 interviews with Zwonitzer and in his 2023 interview with the special counsel’s office.

DOJ Plans to Release Tapes to Congress and Heritage Foundation

In a joint status report filed on Friday, the Justice Department announced its intention to disclose redacted transcripts and audio recordings to Congress and the Heritage Foundation. The conservative think tank had sued for the material under the Freedom of Information Act (FOIA).

However, the report stated that Biden "intends to seek to intervene to prevent any such disclosures." Politico had previously reported on Sunday that Biden’s legal team would challenge the release.

Heritage Foundation Accuses Biden of Stonewalling

The Heritage Foundation, which is set to receive the tapes, accused Biden’s legal team of obstruction in its portion of Friday’s filing. The organization argued that Biden opposed the release even of portions of the transcript that matched "exact phrases quoted in the Hur Report."

While the Justice Department has agreed not to oppose Biden’s intervention, the Heritage Foundation stated it would. It also criticized Biden for waiting "well over a year to seek to intervene."

Biden’s Team Defends Cooperation with Special Counsel

Biden spokesperson TJ Ducklo told Politico that the former president "cooperated fully with Special Counsel Hur" and provided the recordings "on the condition that they would not be made public."

Biden’s office did not respond to a request for comment from Axios on Sunday afternoon.

Timeline: What Happens Next?

The Justice Department has set a deadline for Biden’s legal team. If Biden files a court motion by Tuesday, the department will agree to delay the release of the materials until June. If no intervention is filed, the tapes could be made public sooner.