The U.S. Court of Appeals for the D.C. Circuit has denied Joe Biden’s emergency request for an injunction to stop the release of audio recordings and transcripts from his 2016-2017 private conversations with ghostwriter Mark Zwonitzer.
The materials, recorded at Biden’s home while he was working on his memoir, were obtained by the DOJ for Special Counsel Robert Hur’s classified documents investigation. Hur relied on the materials in assessing Biden’s handling of classified information and in ultimately deciding against charges.
The Justice Department initially withheld most of the records under FOIA exemptions but reversed course in February 2026, agreeing to release them with redactions to the Heritage Foundation, Mike Howell and the House Judiciary Committee. Biden intervened in the case and sought a preliminary injunction to block the release, but a federal judge denied the request. Biden appealed and sought emergency relief from the D.C. Circuit.
The appeals court ruled that Biden failed to show a likelihood of success on the merits. It found a substantial public interest in the materials from the high-profile probe, particularly in allowing the public to assess whether the government “pulled its punches” in declining to charge a former vice president, while noting that redactions protect sensitive personal details. Much of the remaining content is already public through Hur’s report and Biden’s memoir.
The court extended an administrative injunction until Aug. 3, giving Biden time to seek further review, if he chooses.
