The U.S. Court of Appeals for the District of Columbia Circuit has dissolved the temporary administrative injunction that had barred the Justice Department from releasing redacted audio recordings and transcripts of former President Joe Biden’s conversations with ghostwriter Mark Zwonitzer.
The recordings were captured in 2016 and 2017 while Zwonitzer assisted Biden in writing his memoir. They were later seized by the Special Counsel’s investigation into Biden’s handling of classified information.
The court issued a brief order dissolving the injunction, thereby allowing the Justice Department to provide the materials to the Freedom of Information Act requester.
The injunction had previously stopped the department from turning over the redacted recordings to the requester. That restriction has now been lifted.
The decision followed a 2‑to‑1 ruling on July 20 that had extended the temporary hold until August 3. Biden consented to dissolve the injunction, concluding his legal battle over the tapes.
The recordings differ from Biden’s interview with the Special Counsel. They capture earlier conversations and were cited in the February 2024 report, which described the exchanges as slow and noted Biden’s difficulty recalling events.
The report also identified evidence that Biden had retained and disclosed classified materials after leaving the White House. The Special Counsel chose not to prosecute, citing Biden’s age and memory issues, a decision that drew criticism.
The Justice Department had initially resisted the FOIA request and sought to keep the materials concealed. After the administration change, it reversed course and agreed to release redacted versions.
A federal judge had previously rejected Biden’s claim that the recordings were private and that disclosure would cause irreparable harm, citing the public interest in the evidence.
With the injunction dissolved, the public may now access the recordings and transcripts, ending a long effort to keep the materials hidden.
