Former President Joe Biden has decided to forgo an appeal of a court decision permitting the Trump Justice Department to release recordings and written transcripts of his conversations with a ghostwriter collaborating on his memoir, Promise Me, Dad. Biden’s legal team filed a notice of voluntary dismissal, effectively concluding litigation that had been pursued by the Heritage Foundation, a conservative organization that brought the lawsuit to obtain access to the materials.
The recordings stem from interviews conducted in 2017, after Biden completed his tenure as vice president. The Justice Department obtained the tapes as part of an investigation into Biden’s handling of classified documents discovered at his Delaware residence. In 2024, special prosecutor Robert Hur concluded that criminal charges were not warranted, though his report characterized Biden as “a sympathetic, well-meaning, elderly man with a poor memory” and described the recordings as featuring Biden struggling to recall events and read notebook entries.
Conservative groups pursuing the case have stated their intention to promptly release the tapes and transcripts once obtained. The lawsuit was originally filed in April 2024. The Justice Department initially opposed disclosure but reversed its position in May, announcing plans to disclose the materials. Biden subsequently intervened, arguing that privacy interests and various laws prevented release, but two lower courts rejected his position, including the U.S. Court of Appeals for the District of Columbia.
The appellate decision was not split along partisan lines, with judges appointed by both Democratic and Republican presidents participating. Faced with strong indications that the tapes would ultimately be released, Biden’s team chose to cease litigation and transfer the materials to the Heritage Foundation. A source close to Biden characterized the situation as representing a “dangerous” precedent for government use of power against individuals, noting the Trump Justice Department’s departure from traditional departmental opposition to releasing such personal materials.
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