A federal judge ruled that the Department of Justice can release redacted records tied to conversations between former President Joe Biden and ghostwriter Mark Zwonitzer.
The ruling is a legal victory for the conservative Heritage Foundation in its ongoing fight for access to documents from former Special Counsel Robert Hur’s classified documents investigation.
U.S. District Judge Dabney Friedrich concluded that the public interest in the records outweighs Biden’s privacy concerns, even after the government applies its proposed redactions.
The ruling stems from a Freedom of Information Act lawsuit filed by the Heritage Foundation seeking access to records gathered during Hur’s investigation into Biden’s handling of classified materials after he served as vice president.
Hur ultimately declined to recommend criminal charges against Biden.
However, his report concluded that evidence existed showing Biden had “willfully retained” classified documents.
Biden intervened in the case and argued that releasing the materials would violate his privacy rights.
Friedrich disagreed.
After reviewing the documents privately, the judge determined that the Justice Department’s redactions substantially reduced any privacy concerns raised by the former president.
“The privacy interests in this case — though substantial — are mitigated by the Department’s extensive redactions, as reviewed by the Court in camera,” Friedrich wrote.
The judge also found that the records no longer contain sensitive information involving Biden’s family members or other private individuals.
“As now redacted, the Zwonitzer materials contain no information about Biden’s family or other private persons,” Friedrich wrote.
The records at issue involve interviews and communications connected to Biden’s memoir, “Promise Me, Dad: A Year of Hope, Hardship, and Purpose.”
The book was published in 2017 and chronicled the death of Biden’s son, Beau Biden, and the former president’s personal and political experiences during that period.
The interviews with Zwonitzer later became relevant to Hur’s investigation.
Federal investigators examined the materials while reviewing Biden’s retention of classified information after leaving office as vice president.
The Heritage Foundation has argued that the public has a right to review records connected to the investigation, particularly given Hur’s findings and the decision not to pursue criminal charges.
Although Friedrich ruled against Biden’s effort to block disclosure, she did not immediately release the records.
The judge, in a separate order issued moments after her decision, temporarily stayed the release for three weeks.
The stay is intended to provide time for Biden’s legal team to seek relief from the U.S. Court of Appeals for the District of Columbia Circuit.
Friedrich said the temporary pause would give appellate judges an orderly opportunity to consider whether to grant an injunction while any appeal proceeds.
The former president’s office declined to comment on either the ruling or the temporary stay.
The dispute over the ghostwriter materials is only one part of Biden’s broader legal effort to keep records connected to Hur’s investigation from becoming public.
Last month, Biden filed a separate lawsuit against the Justice Department seeking to block the release of audio recordings and transcripts from interviews conducted during the investigation.
Those recordings include discussions that became central to Hur’s final report.
The special counsel’s findings sparked political controversy when they became public.
While Hur concluded that evidence supported allegations that Biden retained classified materials after leaving office, he ultimately determined that criminal prosecution was not warranted.
The report drew significant attention for its discussion of Biden’s memory and his likely presentation to a jury if charges were ever brought.
The latest ruling does not resolve Biden’s separate lawsuit over the audio recordings and interview transcripts.
That case remains pending.
For now, Friedrich’s decision represents a significant victory for the Heritage Foundation and others seeking greater public access to records connected to the classified documents investigation, ABC News reported.
Whether the materials are ultimately released will depend on the outcome of a potential appeal in the coming weeks.
This article may contain commentary which reflects the author's opinion.
