WASHINGTON — A federal appeals court has rejected a request by Joe Biden to block the release of audio recordings and transcripts of his interviews with a memoir ghostwriter before he was elected president.
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A divided three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit suspended its decision until Aug. 3 to allow more time for Biden to consider another appeal.
The panel’s 2-1 ruling late Monday found there is a “substantial” public interest in disclosing the material that Biden wants to keep under wraps. Redactions to the recordings would help protect Biden’s privacy, the majority noted.
“We conclude that any remaining incursion on personal privacy from disclosure of the now-redacted materials likely does not outweigh the public interest in disclosure,” the court wrote.
Mark Zwonitzer, who worked with Biden on his two memoirs, interviewed the Democrat at his home in 2016 and 2017. Biden’s lawyers say the conversations were candid, personal and intended to remain private.
The recordings were obtained by special counsel Robert Hur, who investigated Biden’s handling of classified documents from his time as a senator from Delaware and as vice president. Republicans in Congress demanded the material after Hur declined to file charges against the then-president.
Biden sued and sought an injunction to prevent the Justice Department under President Donald Trump, a Republican, from releasing the recordings to Congress and the conservative Heritage Foundation. The department previously argued that the recordings were exempt from disclosure under public records law.
Biden appealed after U.S. District Judge Dabney Friedrich ruled in June that the public interest in the material outweighed whatever privacy rights Biden had. Friedrich was nominated by Trump.
The appeal was heard by D.C. Circuit Chief Judge Sri Srinivasan and Judges Gregory Katsas and Florence Pan.
Pan, who was nominated by Biden, dissented from the majority opinion.
Srinivasan was nominated by President Barack Obama, a Democrat who chose Biden as his vice president. Katas was nominated by Trump.
