Court Halts Release of Biden Audio Tapes

Man speaking at podium with American flags behind.

A federal appeals court has temporarily blocked the release of audio recordings of former President Joe Biden speaking with his ghostwriter — recordings Biden says he shared privately and never meant for the public to hear.

Story Snapshot

Biden sued the Department of Justice (DOJ) to stop the release of audio recordings made at his home during interviews with his ghostwriter for a book about his late son.
A federal judge ruled the tapes are of high public interest and can be released, but an appeals court issued a temporary block while Biden pursues his case.
Biden’s team says he handed over the recordings only on the condition they would stay private; the DOJ under Trump reversed course and now wants them released.
The conservative Heritage Foundation filed a Freedom of Information Act (FOIA) lawsuit in 2024 to obtain the tapes, and the House Judiciary Committee subpoenaed Biden’s ghostwriter.

What the Tapes Are and How This Started

The recordings capture Biden talking with his ghostwriter, Mark Zwonitzer, at his home in 2017. Biden gave the audio to Special Counsel Robert Hur’s team during a criminal investigation into his handling of classified documents. Biden’s spokesperson, TJ Ducklo, said Biden handed over the tapes on one condition — they would not be made public. The recordings were made at Biden’s home and were never meant to leave that setting.

The Heritage Foundation filed a FOIA request in March 2024 to get the recordings. When the DOJ under Trump decided to release them, Biden sued to stop it. His legal team argued the tapes are not covered by FOIA because they were made in a private home, and that the Privacy Act shields them from release. Biden’s lawsuit also accused the DOJ of flipping its position without giving a clear legal reason.

What the Courts Have Said So Far

U.S. District Judge Dabney Friedrich reviewed the recordings privately and ruled against Biden. She found the tapes are of high public interest. She also noted that the DOJ made extensive cuts to remove references to Biden’s family and other private individuals, which reduced the privacy concerns. She did grant a short, three-week stay to give Biden time to appeal — but she did not block the release permanently.

The appeals court then stepped in with its own temporary block while the case moves forward. That pause is not a final ruling. The lower court’s decision still favors release, meaning Biden’s legal fight is far from over. No court has yet ruled that the tapes must stay private forever.

Why Both Sides Have a Point — and Why It Matters

Biden’s argument has real weight. He cooperated with a criminal investigation and says he was promised the recordings would stay private. The DOJ itself once argued the tapes served no public interest and could be misused on social media. Now, under a different administration, the DOJ says the opposite — without explaining in writing why it changed course. That kind of flip-flop, driven by who’s in power, is exactly what erodes trust in government.

But the push for transparency also has merit. A federal judge reviewed the actual recordings and concluded the public has a legitimate interest in them. The House Judiciary Committee, led by Chairman Jim Jordan, subpoenaed Zwonitzer as part of a broader probe into Biden’s handling of classified documents. The DOJ under Trump has claimed the tapes show a clear drop in Biden’s mental sharpness — a claim Biden’s team calls politically motivated. Whether you trust that claim or not depends largely on who you think is running the government for the people — and who is running it for themselves.