A US federal appeals court has rejected former President Joe Biden’s request to block the release of audio recordings and transcripts of interviews he gave to his memoir ghostwriter, ruling that the public interest in disclosure outweighs his remaining privacy concerns.
In a 2-1 decision issued on late Monday, a three-judge panel of the US Court of Appeals for the District of Columbia Circuit said the material could be released, although it temporarily suspended its ruling until August 3 to give Biden time to seek further legal review.
Court says public interest outweighs privacy
The majority concluded that redactions made to the recordings sufficiently protect Biden’s privacy while allowing the public access to material linked to a high-profile federal investigation.
“We conclude that any remaining incursion on personal privacy from disclosure of the now-redacted materials likely does not outweigh the public interest in disclosure,” the court said in its ruling.
The recordings stem from interviews Biden gave in 2016 and 2017 to author Mark Zwonitzer, who collaborated with him on the memoirs Promises to Keep and Promise Me, Dad. The conversations took place at Biden’s home before he became president.
Dissenting judge backs Biden’s privacy claim
Judge Florence Pan, who was nominated to the appeals court by Biden, dissented, arguing that the former President had a significant privacy interest in keeping the recordings confidential.
“The conversations at issue took place in Biden’s home, and the recordings of them were obtained by the government in the course of a criminal investigation that did not lead to an indictment,” Pan wrote.
She added that denying Biden’s request for an injunction pending appeal would effectively make the legal challenge moot once the recordings are released.
Biden spokesperson criticises ruling
Biden’s spokesperson, TJ Ducklo, said the former President disagrees with the decision but respects the judicial process.
“President Biden’s conversations for a book a decade ago that discussed his late son are private, and were provided to the Department of Justice on the express condition they stay that way,” Ducklo said.
He accused the current administration of reversing its previous position on the records.
“Reversing course and making them public is just the latest example of this administration weaponising the Department of Justice for political retribution,” he added.
Recordings tied to classified documents investigation
The recordings were obtained by former Special Counsel Robert Hur during his investigation into Biden’s handling of classified documents from his time as a US senator and vice president.
Hur ultimately declined to bring criminal charges against Biden, but his investigation sparked demands from congressional Republicans for the interview materials.
Biden later sued to prevent the Trump administration’s Justice Department from releasing the recordings to Congress and the conservative Heritage Foundation. The department had previously argued that the materials were exempt from disclosure under federal public records law.
Lower court ruling upheld for now
The appeal followed a June ruling by US District Judge Dabney Friedrich, who found that the public interest in the recordings outweighed Biden’s privacy claims.
The appellate panel’s latest decision leaves that ruling in place, though Biden now has until August 3 to seek further relief before the recordings can be released.
(With AP inputs)
