Biden Drops Legal Fight Over Tapes, Heritage Foundation Gains Access

Former President Joe Biden attended the opening ceremony of the Barack Obama Presidential Center on June 18 in Chicago. Meanwhile, in a separate legal development, Biden chose not to continue his appeal against a court decision permitting the release of his conversation tapes and transcripts with his ghostwriter. This marks a victory for the Heritage Foundation, a conservative organization that pursued the publication of these records.

The recordings, from 2017, capture interviews Biden participated in after serving as vice president, while he was collaborating on his memoir, Promise Me, Dad. During his presidency in 2022, Biden disclosed that classified documents were found at his Delaware home, prompting a Justice Department investigation. This inquiry included the collection of these tapes.

In 2024, special prosecutor Robert Hur concluded that although Biden had removed classified documents, criminal charges were unnecessary. Hur’s report suggested the discovery of such documents at his home could have been an ordinary event given Biden’s extensive exposure to classified material as vice president. The report, however, drew criticism for describing Biden as “a sympathetic, well-meaning, elderly man with a poor memory.” It noted that Biden’s conversations on the tapes were slow, indicating memory struggles.

Conservative activists aim to use the tapes to substantiate concerns regarding Biden’s mental fitness before his presidency. Jeffrey Clark, involved in the legal pursuit, assured that once the tapes are released, they will be available to the public.

Biden initially contested the release, arguing his privacy outweighed public interest. Nevertheless, two lower courts, including the U.S. Court of Appeals for the District of Columbia, ruled against him. Judges Sri Srinivasan and Gregory Katsas opposed Biden, whereas Judge Florence Pan dissented.

In response to probable release, Biden’s team conceded, turning over the materials to the Heritage Foundation. A source from Biden’s circle expressed concern over the perceived threat posed by the Justice Department’s actions, which could potentially misuse government power against individuals.

Unlike Biden, former President Trump continues to pursue litigation aggressively. At the time of Biden’s decision, Trump was petitioning the Supreme Court once more regarding a jury decision requiring him to pay damages to E. Jean Carroll. The rarity of the Supreme Court reconsidering past rejections highlights Trump’s contrasting approach.