Authored by Troy Myers via The Epoch Times,
A federal judge on Friday rejected former President Joe Biden's bid to prevent the conservative Heritage Foundation from receiving redacted transcripts and recordings of conversations he had with a ghostwriter for his 2017 memoir.
Although District Judge Dabney Friedrich delayed her own decision by three weeks later on Friday to allow for the D.C. Circuit Court of Appeals to rule on the matter, she said her order will remain in place because of the recording and transcripts' significant public interest.
"This case involves an unusually strong public interest in the release of law enforcement materials to outweigh the privacy interests protected by [the Freedom of Information Act's] exemptions," the judge said.
The Epoch Times attempted to reach out to Biden for comment but did not receive a response by publication time.
The Heritage Foundation's lawsuit originated in 2024. The group sought the transcripts and recordings from conversations the former president had with his ghostwriter, Mark Zwonitzer, to produce his memoir, "Promise Me Dad: A Year of Hope, Hardship, and Purpose."
In January 2023, then-Attorney General Merrick Garland launched a probe into Biden's alleged keeping of classified documents at the Penn Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and at his private residence in Wilmington, Delaware.
Garland appointed former Special Counsel Robert Hur to investigate and potentially prosecute any federal crimes that arose - none did.
In Hur's February 2024 final report, he noted Biden's "diminished faculties and faulty memory" during an interview and in Biden's 2016 and 2017 recordings with Zwonitzer.
The former special counsel declined to prosecute Biden for his retention of classified documents because "the evidence [was] not sufficient to convict" and because "it would be difficult to convince a jury that they should convict [Biden] - by then a former president well into his eighties - of a serious felony that requires a mental state of willfulness."
Hur continued in his report, referring to some of Biden's recorded conversations with Zwonitzer as "painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries."
The Heritage Foundation filed a Freedom of Information Act (FOIA) request for all records that Hur relied on for his final report.
Under Biden, the Department of Justice (DOJ) declined to release the records, citing national security, privacy, and other FOIA exemptions.
The Heritage Foundation brought its FOIA lawsuit against the Biden DOJ in March 2024. In the two years since, legal proceedings have developed slowly.
The court stayed proceedings in September 2025 - now with the DOJ under President Donald Trump - after the agency said it would review the documents it was withholding.
In a May 8 filing, the DOJ said it "intends to disclose the written transcript and audio recordings at issue in this matter" to Congress, with redactions, but Biden moved for a preliminary injunction to prevent their release, which the federal judge denied on Friday.
Friedrich found in her decision that "in all, Biden is not likely to succeed" in his claims that his privacy interests outweigh the "significant public interest in the disclosure of the redacted Zwonitzer Materials."
"Biden offers little in the way of specific details about the types of harm he foresees, especially in light of related information already in the public domain," Friedrich wrote.
Friedrich further said that the ghostwriter records must be provided to the Heritage Foundation.
The D.C. Circuit Court of Appeals could make its decision on this case in the coming weeks while Friedrich's order is paused.
Biden has previously pushed back against claims that his cognitive abilities declined during his presidency.
"They are wrong, there is nothing to sustain that," the former president said during a May 2025 interview with ABC's "The View."