By Samantha Paul Former President Joe Biden’s effort to prevent the release of private recordings with his memoir writer ended in July 2026 after a federal appeals court rejected his request for an injunction and Biden subsequently dropped his legal challenge.
The dispute involved recordings and transcripts of conversations Biden had with writer Mark Zwonitzer in 2016 and 2017 while preparing his memoir Promise Me, Dad. Special Counsel Robert Hur later obtained the material during his investigation into Biden’s handling of classified documents.
The Heritage Foundation sought access to the recordings under the Freedom of Information Act, setting off a lengthy battle involving privacy rights, public access to government records and the public interest in understanding why Hur declined to prosecute Biden.
Who Is Mark Zwonitzer?
Mark Zwonitzer is a writer who worked with Biden on his memoirs, including Promises to Keep and Promise Me, Dad.
During 2016 and 2017, Biden participated in recorded conversations with Zwonitzer as they worked on the latter book. The discussions took place largely in Biden’s home and covered political events, foreign policy, his personal experiences and his decision about whether to run for president in 2016.
These were not originally government interviews or government records. They were private conversations recorded for the preparation of Biden’s book.
That changed after Special Counsel Robert Hur’s investigative team obtained the material while examining Biden’s retention and handling of classified information. The D.C. Circuit later noted that once the recordings came into the Justice Department’s possession for the investigation, they became subject to FOIA’s disclosure framework.
Why Did the Recordings Matter to the Biden Classified Documents Investigation?
Attorney General Merrick Garland appointed Hur in January 2023 to investigate classified documents found at Biden’s home and former office.
Hur ultimately declined to prosecute Biden.
His February 2024 report nevertheless concluded that evidence showed Biden had retained and disclosed classified information after leaving the vice presidency, while also determining that criminal charges were not warranted.
The recordings with Zwonitzer became significant because Hur relied on them when evaluating Biden’s possession and discussion of sensitive material.
That gave the public-records dispute a connection to the Justice Department’s decision not to prosecute a former president.
Heritage Foundation Seeks Biden Recordings
The Heritage Foundation and Mike Howell, who headed its Oversight Project, pursued the Zwonitzer material through FOIA litigation against the Justice Department.
The case became Heritage Foundation et al. v. U.S. Department of Justice, No. 1:24-cv-00645, in the U.S. District Court for the District of Columbia.
During the Biden administration, the Justice Department resisted releasing much of the material and invoked federal disclosure exemptions, including protections concerning personal privacy and law-enforcement records.
The situation changed after President Donald Trump returned to office.
In May 2026, the Justice Department informed the court that it no longer intended to withhold the Zwonitzer recordings and transcripts. Instead, DOJ planned to release redacted versions to the Heritage plaintiffs and provide material to the House Judiciary Committee.
Why Did Biden Try to Block the Release?
Biden intervened in the FOIA lawsuit and separately challenged disclosure.
His lawyers argued that the recordings contained private conversations never intended for public release. They relied heavily on the Privacy Act and FOIA exemptions protecting personal privacy.
Biden maintained that disclosure would create a serious invasion of privacy because the recordings were made in his home and included candid conversations with a writer rather than statements made for public distribution.
The original recordings also contained discussion of sensitive family matters. However, DOJ proposed extensive redactions before public disclosure.
The government said the redacted material would remove references to highly sensitive matters, non-public individuals and members of Biden’s family.
Federal Judge Rejects Biden’s Injunction Request
On June 19, 2026, U.S. District Judge Dabney Friedrich denied Biden’s request for a preliminary injunction.
The judge concluded that Biden was unlikely to establish that DOJ’s decision to release the redacted materials violated federal law.
An important issue was the balance between Biden’s privacy interests and the public interest in examining evidence that Special Counsel Hur used when deciding not to bring criminal charges.
Biden appealed the decision to the U.S. Court of Appeals for the D.C. Circuit.
Appeals Court Rules Against Biden
The D.C. Circuit initially issued a temporary administrative injunction while it considered Biden’s request.
On July 20, 2026, however, a divided three-judge panel rejected his attempt to keep the material from being released.
The majority concluded that there was a substantial public interest in independently examining evidence used during Hur’s investigation.
The court recognized that Biden had a privacy interest in conversations recorded inside his home. However, it found that DOJ’s extensive redactions significantly reduced the privacy concerns.
The court also rejected Biden’s separate argument about privacy in the sound of his voice, noting his status as a prominent public figure whose voice was already widely public.
Judge Florence Pan dissented, finding Biden’s privacy interests more substantial and questioning the urgency of releasing conversations obtained in a criminal investigation that produced no indictment.
Biden Drops His Legal Challenge
Rather than seeking further review from the full D.C. Circuit or immediately taking the dispute to the Supreme Court, Biden ended his effort to stop disclosure.
On July 24, 2026, his lawyers voluntarily dismissed his separate lawsuit.
That decision cleared the principal legal obstacle to releasing the material.
The Oversight Project subsequently made portions public. By July 28, news organizations reported that approximately three hours of audio and 117 pages of partially redacted transcripts had been released.
The recordings included conversations in which Biden discussed notes and material that he indicated could be classified. The released material must still be viewed in the context of Hur’s investigation, which resulted in no criminal charges against Biden.
Current Status of the Biden Biographer Recordings Case
As of August 29, 2026, the central legal battle over keeping the Zwonitzer recordings secret has effectively ended.
Biden lost his request for emergency court protection, withdrew his separate lawsuit and portions of the recordings and transcripts have been publicly released.
The case produced an important ruling on the balance between a former president’s personal privacy and the public’s right to examine evidence held by the government. The D.C. Circuit concluded that, after appropriate redactions, public interest in evaluating the evidence behind a high-profile decision not to prosecute outweighed Biden’s remaining privacy concerns.
The litigation also demonstrates how material originally created as a private recording can acquire a very different legal status once federal investigators obtain and maintain it as part of an official criminal investigation.