Bidens

A United States judge has denied a petition from former Democratic President Joe Biden arguing his right to privacy would be violated should recordings he made for a memoir be made public.

On Friday, US District Judge Dabney Friedrich, an appointee of President Donald Trump, ruled that the recordings could be released to the Heritage Foundation, a right-wing think tank.

The Trump administration had already authorised the release of the recordings and transcripts, which Biden made while out of public office with his ghostwriter, Mark Zwonitzer.

Together, they released the 2017 memoir, Promise Me, Dad: A Year of Hope, Hardship, and Purpose.

In her 26-page ruling, Friedrich acknowledged that Biden was likely to suffer some reputational damage as a result of the recordings being released.

Biden has long been scrutinised about whether his advanced age impeded his ability to serve as president during his term from 2021 to 2025. Previously, he served as vice president from 2009 to 2017.

“The Court agrees that — on these facts involving the frank words of a public figure in his home — disclosure of the Zwonitzer materials risks irreparable harm to Biden’s privacy interests and his reputation,” Friedrich wrote.

But she concluded that such harms may not be irreparable, and they do not supersede the public interest in releasing the files.

“Biden has not identified any public harm that would arise absent an injunction in this case,” Friedrich said. “The harm to Biden’s diminished privacy interest is outweighed by the public’s interest in the Zwonitzer materials.”

Biden filed a lawsuit arguing that the Department of Justice had a duty to protect the private information it collects during criminal investigations.

He petitioned the court for an injunction to prevent the Heritage Foundation, which has supported Trump, from receiving the documents through a Freedom of Information Act (FOIA) request.

“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” Biden’s lawyers have said in his court filings.

The recordings and transcripts came to be in the Justice Department’s possession in 2023, during Biden’s own term.

The Justice Department at the time had appointed a special counsel, lawyer Robert Hur, to independently investigate Biden’s alleged mishandling of classified documents while out of office.

A similar investigation, helmed by a second special counsel, Jack Smith, resulted in a short-lived criminal indictment against Trump. Hur, however, concluded that no criminal charges were “warranted” against Biden.

Part of his rationale was “a shortage of evidence”. But another part of his reasoning was that, if any charges were brought to trial, jurors were likely to perceive Biden “as a sympathetic, well-meaning, elderly man with a poor memory”.

As part of his investigation, Hur had obtained Biden’s recordings and transcripts with Zwonitzer in order to evaluate whether the Democrat had misused information from his time as president for his memoir.

But he also cited them as evidence to conclude that Biden “appeared to have significant limitations” in his memory.

The scrutiny over Biden’s age increased substantially during his 2024 bid for re-election. At a June 2024 presidential debate against Trump, Biden appeared to drift off topic and make nonsensical statements.

At one point, he issued the non sequitur, “We finally beat Medicare,” referencing a government health insurance programme for the elderly and those with disabilities.

Biden subsequently dropped out of the race, and his replacement, then-Vice President Kamala Harris, lost to Trump after a curtailed campaign. The Democrat, however, has consistently denied that he was unable to perform his duties as president.

Trump, meanwhile, has cited Biden’s age and mental acuity as a reason to undo the Democrat’s actions while in office.

He has also called on the Justice Department to investigate whether any officials attempted to conceal any health conditions Biden may have had while president.

The Republican-led House Judiciary Committee has also sought to obtain the Zwonitzer files for a similar investigation.

Biden was 82 years old by the time he left office in January 2025, making him the oldest sitting president in US history. Trump will be slightly older by the end of his tenure, should he complete his second term.

The Democrat is expected to appeal Friday’s decision to release the recordings.

A federal judge on Friday rejected former President Biden’s attempt to block the Trump administration from releasing to a conservative group the recordings that Biden made with a ghostwriter.

U.S. District Judge Dabney Friedrich found that the public interest in the material outweighed whatever privacy rights Biden had.

The recordings were obtained by special counsel Robert Hur in the course of his investigation into whether Biden improperly retained classified documents while a senator and vice president. Republicans in Congress demanded them after Hur declined to file charges against the then-president.

Biden’s Democratic administration refused to turn over the 2017 recordings and transcripts, leading congressional Republicans to hold his attorney general, Merrick Garland, in contempt.

President Trump’s Department of Justice authorized the release of the materials. That led Biden last month to sue to seek to block the release to a staffer at the conservative Heritage Foundation who had formally requested the records.

Biden objected to the release as an invasion of privacy, saying the recordings included him discussing sensitive personal matters such as the death of his older son, Beau Biden. But Friedrich found that the administration redacted that material.

The judge wrote that the materials “contain no mention of highly sensitive topics like illness or death, nor do they mention any non-public persons, including members of Biden’s family.”

Representatives for Biden did not immediately comment but asked Friedrich to bar release of the material while they appeal her decision. The Justice Department did not immediately respond to a request for comment.

Friedrich was nominated by Trump, a Republican, in 2017.

Riccardi writes for the Associated Press.

WASHINGTON — Democrats have spent nearly two years trying to move past the 2024 presidential election. Now, Jill Biden’s new memoir is forcing them to relive it.

Her new book, “View from the East Wing,” which comes out Tuesday, is already drawing sharp rebukes from top Democrats, some of whom say it is a poorly timed and misleading account of the events that led to the demise of her husband’s presidency.

“Unhelpful … Ripping open a healing scab is never helpful,” John Morgan, a Florida trial attorney who was a major fundraiser for Biden’s 2024 campaign, told The Times. “In my opinion, she was the main problem. She loved the life and didn’t want it to end.”

Those type of frustrations erupted last week as the former first lady began promoting her book, including in a sit-down interview with CBS News airing Sunday, in which she said she thought the sitting president was having a stroke as she watched the 2024 presidential debate.

“I was frightened, because I had never ever seen Joe like that before or since. Never,” Biden said. The moment “scared me to death,” she added.

For Democrats who had a similar reaction in real time, but who spent months being told by the Biden campaign that their concerns were overblown, her remarks landed like a gut punch. With the midterms around the corner, some bemoaned that Biden was relitigating a sore subject — particularly the question of who knew what about Biden’s aging and cognitive decline.

“What I care about is what happens going forward,” Dan Pfeiffer, a host of “Pod Save America,” a popular progressive podcast, said on the show Thursday. “What bothers me the most is not the timeline of events, but whether Democratic leaders now will ever reckon with the massive breach of trust that came because of how all of that was handled.”

Meghan Hays, a former White House aide to Joe Biden, said on C-SPAN’s “Ceasefire” that although she understands that Jill Biden is trying to sell books, her efforts are not helping the party ahead of the midterm elections.

“We have a lot of momentum in our favor … and when we get pulled back into conversations about age and the election in ‘24, it’s never gonna be a good place for Democrats,” Hays said. “I think it is a tough place to be.”

The Democratic Party found itself trapped in a similar dynamic earlier this month, when the Democratic National Committee released a long-awaited, 192-page report dissecting the 2024 loss. The committee’s chairman, Ken Martin, shared the postelection autopsy after coming under intense pressure from Democratic operatives, and apologized for how he handled its release.

The report faulted Kamala Harris and Democrats’ focus on “identity politics” but did not address Biden’s decision to seek reelection amid health concerns and the rushed selection of Harris to replace him on the ticket.

In her book, the former first lady writes that her goal is to be able to “set the record straight” about what happened during the debate and the months that followed that led to President Trump’s return to the White House, according to the Atlantic, which obtained a copy of the book ahead of its release.

At one point, she writes that she even suspected her husband may have been inadvertently impaired after taking cough syrup. In the CBS interview, Biden maintained that she never saw any signs of cognitive decline while he was the sitting president.

“He was the same, the essence of the same Joe Biden, but yeah, he was slowing down. He was getting older,” she said. “You know, it’s a very intense job. I think it ages you — quickly.”

Morgan, the former Biden fundraiser, said he does not believe the first lady is telling the truth in her memoir.

“If you like fiction it’s good,” Morgan said. He added that her claim that she had never witnessed her husband act in a similar way since the debate “defies the smell test.”

“His keys should have been taken long before that night,” Morgan said.

Michael LaRosa, a former press secretary for the first lady, called Democrats’ reaction to the new memoir “pretty grim.”

“There is a deep reservoir of frustration among ‘formers’ who believe she enables the culture around her and the President rather than challenging it,” LaRosa wrote. “So now they seem to be challenging her.”

Although many Democrats are publicly expressing their annoyance at the conversation Biden has resurfaced, others do not see the former first lady’s comments having an effect on the upcoming elections.

“This is not going to be part of a conversation in the election. It’s going to be part of a conversation in Washington because that is what Washington does, but this is not going to move the needle in New Hampshire or other states where it matters,” said Steve Schale, a Democratic strategist who ran a pro-Biden super PAC during the 2020 election cycle.

Schale was blunt: “She is selling books.”

Even if that is the case, Republicans are taking notice.

In a Truth Social post on Friday, President Trump appeared gleeful to note that Biden was “finally admitting” that she did not know what was wrong with her husband during “our spectacular, and highly rated, 2024 Presidential Debate.”

The president lamented that the former first lady did not compliment his performance.

“In other words, as many have asked, did my strong performance in that debate cause him to plain and simple ‘choke,’ leading to his ignominious defeat, or were other reasons the cause? Nobody else knows the answer to that, BUT I DO!!!” Trump wrote.