Biden Ends Legal Battle Over Tape Release

Former President Joe Biden attended the dedication of the Barack Obama Presidential Center in Chicago on June 18. Meanwhile, Biden decided not to appeal a court ruling permitting the Trump Justice Department to release transcripts and recordings of Biden’s talks with his memoir ghostwriter.

Biden’s legal team dismissed a related case, effectively ending their legal efforts. This outcome favors the Heritage Foundation, a conservative think tank, which aimed to disclose the records.

The tapes, dating back to 2017, followed Biden’s stint as Vice President. These recordings feature hours of discussions with a writer aiding his memoir, Promise Me, Dad. In 2022, as President, Biden found classified documents at his Wilmington home, prompting a Department of Justice investigation.

Robert Hur, a special prosecutor appointed in the investigation, concluded in 2024 that Biden’s mishandling of classified documents did not warrant criminal charges. The report described Biden’s daily review of classified documents during his vice presidency as common and forgettable.

The report’s depiction of Biden as “a sympathetic, well-meaning, elderly man with a poor memory” stirred controversy.

Conservative activists anticipate the tapes will verify concerns about Biden’s mental acuity prior to his presidency. Jeffrey Clark, a Trump ally, claimed the tapes show Biden’s state before running for president, with memory issues highlighted by the special prosecutor.

Clark confirmed that conservative groups involved in the lawsuit will publish the tapes and transcripts online, ensuring straightforward accessibility.

By the time the special prosecutor’s report surfaced, Biden hadn’t withdrawn from the 2024 election, dismissing it as “not only misleading, but also plain wrong.” Insiders described the tapes as “painfully boring” with Biden methodically reviewing documents.

Following a lackluster debate performance, Biden exited the 2024 presidential race. Conservative lawsuits initiated in April 2024, challenged the Department of Justice’s resistance to releasing the tapes, arguing personal diary entries should remain private.

However, the Justice Department reversed its stance, announcing its intent to disclose the transcript and recordings in May. Biden’s attempt to intervene was rebuffed by the U.S. Court of Appeals for the District of Columbia.

Chief Judge Sri Srinivasan and Trump appointee Gregory Katsas ruled against Biden, while Judge Florence Pan dissented.

The Biden team ultimately surrendered to the likelihood of tape release, handing them to the Heritage Foundation. A source noted the DOJ deviated from traditional material protection, highlighting risks if private book conversations are exploited by the government.

The Justice Department declined to comment. Biden’s decision to cease further legal pursuit contrasts with President Trump’s aggressive litigation strategy.

While Biden withdrew from his case, Trump sought Supreme Court review for a verdict requiring him to pay E. Jean Carroll $5 million. Trump’s litigation persistence stands out, as the Supreme Court rarely revisits cases it previously declined.