Justice

WASHINGTON — Joe Biden sued the Justice Department on Tuesday in an effort to block the release of audio recordings and transcripts of the former president’s interview with a ghostwriter that were obtained by the special counsel who investigated his handling of classified documents.

Biden’s lawyers said in a lawsuit filed in Washington’s federal court that the Justice Department plans to release the files to Congress and a conservative group, the Heritage Foundation, after the department had previously argued that they were exempt from disclosure under the public records law.

Biden’s lawyers argued that the disclosure would “constitute an unwarranted invasion of President Biden’s privacy.”

“Every American, including a sitting or former Vice President, has a right to privacy in the personal conversations he has within his own home,” his attorneys wrote. “And when the U.S. Department of Justice obtains that private information through a criminal investigation, the Department bears a particular responsibility to protect it from disclosure.”

At issue in the case are audio recordings and transcripts of Biden’s interviews at his home in 2016 and 2017 with Mark Zwonitzer, who worked with Biden on his two memoirs. The files were scrutinized by special counsel Robert Hur as part of his investigation into the president’s improper retention of classified documents, from his time as a senator and as vice president.

Hur’s yearlong investigation led to a 345-page report that questioned Biden’s age and mental competence but recommended no criminal charges against the then-81-year-old. Hur said he found insufficient evidence to successfully prosecute a case in court.

Biden has separately fought the release of the audio of his interview with Hur. The House in 2024 voted to hold Biden Atty. Gen. Merrick Garland in contempt of Congress for refusing to turn over that audio after the White House exerted executive privilege, shielding it from Congress.

The transcripts of five hours of Biden interviews with federal prosecutors was released that same year. While Biden was adamant that he treated classified information seriously, the transcript shows that he was at times fuzzy about dates and details and he said he was unfamiliar with the paper trail for some of the sensitive documents he handled.

Republicans have argued Biden was being given a pass by his own Justice Department and that Trump had been unfairly victimized by prosecutors. Democrats, for their part, stressed Biden’s cooperation in the investigation and strongly contrasted that with the separate criminal case against Trump, who was accused of refusing to return classified documents requested by the National Archives that he had at his Florida estate.

Richer writes for the Associated Press.

WASHINGTON — The U.S. Department of Justice has acknowledged removing from its website news releases about criminal cases related to the Jan. 6, 2021, riot and insurrection, calling the information about the prosecutions “partisan propaganda.”

The purge of news releases documenting criminal charges, convictions and sentencings is the latest step by the Trump administration to reimagine the history of the assault on the U.S. Capitol, when hundreds of supporters of President Trump stormed the building in an effort to halt the congressional certification of his 2020 election loss to Joe Biden.

Trump, on his first day back in office in January 2025, pardoned, commuted the prison sentences or vowed to dismiss the cases of all of the 1,500-plus people charged with crimes during the Capitol assault, including those convicted of sedition and of attacking officers with makeshift weapons such as flagpoles, a hockey stick and crutch. More than 100 police officers were injured, many of them seriously, and five died as a consequence.

On Monday, the Justice Department announced the creation of a $1.776-billion fund meant to compensate Trump allies who claim they were unjustly investigated and prosecuted. Acting Atty. Gen. Todd Blanche has not ruled out that Jan. 6 rioters convicted of violence will be eligible for payouts, prompting bipartisan anger in Congress.

After a journalist on Friday observed on the social media platform X that the Justice Department was “quietly” removing news releases on its website that were related to the Jan. 6 attack, including about a Texas man who pleaded guilty to assault and also faced separate state charges of soliciting a minor, the department responded through its “rapid response” account that there was “nothing ‘quiet’ about it.”

“We are proud to reverse the DOJ’s weaponization under the Biden administration. We will do everything in our power to make whole those who were persecuted for political purposes,” the post said. “This includes stripping DOJ’s website of partisan propaganda.”

Among the releases removed from the site were those concerning seditious conspiracy cases against members of the Proud Boys and Oath Keepers, far-right extremist groups, some of which resulted in convictions and long prison sentences.

The Justice Department, in an unopposed motion last month, asked a federal appeals court to vacate those seditious conspiracy convictions, a request that was granted Thursday. The department on Friday moved to dismiss the cases against the group members.

Trump was impeached for inciting an insurrection on Jan. 6 and was indicted on felony charges related to his actions. Those charges were dismissed after his 2024 election victory.

Tucker writes for the Associated Press.

WASHINGTON — The U.S. Supreme Court on Friday turned down an appeal from Virginia Democrats whose new voter-approved state election map was canceled by the state’s Supreme Court.

The justices made no comment, and the legal outcome came as no surprise.

The U.S. Supreme Court has no authority to review or reverse rulings by state judges interpreting their state’s constitution — unless the decision turned on federal law or the U.S. Constitution.

But the Virginia ruling came as a political shock, particularly after 3 million voters had cast ballots and narrowly approved a new election map that would favor Democrats in 10 of its 11 congressional districts.

That would have represented an increase of four seats for Democrats in the House of Representatives.

Even worse for Democrats, the court setback in Virginia came a week after the Supreme Court’s ruling in a Louisiana case had bolstered Republicans.

In a 6-3 decision, the justices reinterpreted the Voting Rights Act and freed Republican-controlled states in the South to dismantle districts that were drawn to favor Black Democrats.

In the two weeks since then, the GOP has flipped seven districts in Tennessee, Alabama, Louisiana and Florida.

The Virginia Supreme Court decision pointed to a procedural flaw which turned on the definition of an “election.”

To amend the state Constitution, Virginia lawmakers must adopt the proposal twice — once before a “general election” and a second time after the election. It is then submitted to the voters.

Last fall, Democrats proposed to amend the state Constitution to permit a mid-decade redistricting.

However, by a 4-3 vote, the state justices said the General Assembly flubbed the first approval because it took place on Oct. 31 of last year, just five days before the election.

By then, they said, about 40% of the voters had cast early ballots.

In defense of the Legislature, the state’s attorneys said the proposed amendment was approved before election day, which complies with the state Constitution.

But the majority explained “the noun ‘election’ must be distinguished from the noun phrase ‘election day’.”

It reasoned that because early voters had already cast ballots before the constitutional amendment was first adopted, the proposal was not approved before the election.

The dissenters said the election took place on “election day” and the proposal had been adopted prior to that time.

The state’s lawyers adopted that view in their appeal and argued that under federal law, the election takes place on election day.
But the Supreme Court turned away the appeal with no comment.

The result is that a state amendment that won approval twice before both houses of the Legislature and in a statewide vote was judged to have failed.

The state says it will use the current map, which had elected Democrats to the House in six districts and Republicans in five.