DOJ Opposes Release of Biden Interview Tapes Amid FOIA Lawsuit

The Department of Justice (DOJ) is actively contesting efforts by various groups to obtain audio recordings of an interview conducted by former special counsel Robert Hur with President Joe Biden last year. In court documents filed Thursday, DOJ attorneys argued that there is “no basis” under the Freedom of Information Act (FOIA) to release the recordings, despite having previously made the interview transcript available in March. The lawsuit has been joined by conservative organizations Judicial Watch and the Heritage Foundation, along with a media coalition led by CNN, which includes major outlets like the Associated Press and CBS. Attorney General Merrick Garland has faced increasing pressure to disclose the tapes, which Hur indicated influenced his decision not to prosecute Biden for mishandling classified materials. Hur described Biden as a “well-meaning elderly man” with “significant limitations” in memory, suggesting that a jury might not reach a guilty verdict. Despite multiple requests from Congress and ongoing lawsuits, Garland has maintained the tapes' confidentiality, citing executive privilege as a key reason for withholding them. Judicial Watch President Tom Fitton criticized the DOJ's stance, claiming it is an attempt to protect Biden amid growing concerns about his reelection campaign. The House of Representatives has threatened Garland with contempt over the issue, while the White House has asserted executive privilege over the recordings. The DOJ contends that releasing the audio could lead to privacy violations and hinder cooperation in ongoing investigations. Judge Timothy Kelly is overseeing the case and has set a deadline for the plaintiffs to respond by August 1, with a ruling expected shortly thereafter.