A federal judge ruled that hours of audio recordings tied to former President Joe Biden’s 2017 memoir can be turned over to the Heritage Foundation, rejecting his bid to block the disclosure.

In a ruling June 20, U.S. District Judge Dabney Friedrich said Biden’s privacy interests, while real, are outweighed by the public’s interest in the materials and the government’s obligation under FOIA to promote transparency.

The decision marks a setback for Biden, who in May sued the Department of Justice in an effort to stop the release of the recordings. The Heritage Foundation has argued the files could show evidence that Biden mishandled classified information, a claim he has denied.

Biden’s legal team immediately moved to seek an injunction pending appeal, signaling an ongoing fight over whether the audio can be released.

Background of the dispute

The recordings stem from interviews Biden gave in 2017 to writer Mark Zwonitzer for his memoir about the death of his son, Beau Biden. The Justice Department obtained the materials during Special Counsel Robert Hur’s 2023 investigation into Biden’s handling of classified documents.

Hur ultimately declined to bring charges in February 2024 but said Biden had shared classified materials in the context of those conversations.

The Heritage Foundation, a conservative think tank based in Washington, DC, filed a Freedom of Information Act request and later a lawsuit seeking access to Biden’s conversations with Zwonitzer. The group said the materials were responsive to its records request following the Hur investigation and argued they should be released under FOIA rules governing public access to government-held documents.

The foundation’s legal push centers on the idea that the recordings are part of the record reviewed during the special counsel probe into Biden’s handling of classified information, and therefore subject to disclosure with appropriate redactions.

Judge cites public interest

In her ruling, Friedrich wrote that the harm to Biden’s “diminished privacy interest” is outweighed by the public interest in disclosure and FOIA’s “policy of broad disclosure of Government documents.”

She also noted that redactions made by the Justice Department addressed sensitive material. Friedrich, who was appointed by President Donald Trump, said she personally reviewed the redacted materials and found they contained no information about Biden’s family or other private individuals.

Trump, who has repeatedly criticized Biden, weighed in on the legal fight last month. In comments during a Cabinet meeting in May, Trump said he wanted the recordings released, saying, “I’d like to see it,” and arguing the public should hear what Biden said in the recordings.

He also addressed the issue on Truth Social, calling Biden a “Crooked Politician” and suggesting the recordings raise questions about his fitness while in office. Trump has said Democrats “came very close to destroying our country” through what he described as poor policy decisions.

Contributing: USA TODAY reporter Saman Shafiq

Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com, or on X @athompsonUSAT

This article originally appeared on USA TODAY: Judge allows release of Biden memoir audio to Heritage Foundation