On April 4, 2025, U.S. District Judge Dabney Friedrich, appointed by President Donald Trump, issued a ruling allowing the Heritage Foundation, a conservative think tank, access to the audio recordings and transcripts former President Joe Biden made with his ghostwriter Mark Zwonitzer. Biden, a Democrat, had sued the Department of Justice to prevent disclosure, arguing it violated his privacy.
In her 26-page ruling, Judge Friedrich acknowledged that Biden could suffer reputational harm if the materials were released. “The court agrees that — with these facts concerning a public figure’s candid speech in his private home — disclosure of the Zwonitzer materials risks irreparable harm to Biden’s privacy and reputation,” she wrote. However, she concluded that these harms might not be irreparable and do not outweigh the public interest in disclosure. “Biden has not identified any public harm that would arise without an injunction in this case. The harm to Biden’s diminished privacy is outweighed by the public interest in the Zwonitzer materials.”
The recordings and transcripts were collected by the Justice Department in 2023, during Biden’s term, while he was under investigation for mishandling classified documents after leaving office. Special Counsel Robert Hur concluded that no criminal charges were warranted against Biden but cited the materials as evidence that Biden “appeared to have significant limitations” with his memory.
Biden, who left office in January 2025 at 82, was the oldest sitting president in U.S. history. He withdrew from the 2024 re-election race after a weak debate showing against Trump, who subsequently won. Trump had cited Biden’s age and mental acuity to call for investigations into his health. Biden is expected to appeal the decision.
