Merrick Garland's Justice Department spent four years protecting Joe Biden from accountability.
Now Biden is suing that same DOJ to keep you from hearing what he said about classified documents.
When Trump found out, he went on Truth Social – and what he posted should follow Biden into whatever's left of his legacy.
The Tapes Biden Needs You to Never Hear
The audio recordings at the center of this fight were made at Biden's home in 2016 and 2017.
Biden was being interviewed by his ghostwriter, Mark Zwonitzer, for two memoirs.
Special Counsel Robert Hur obtained those recordings during his classified documents investigation into Biden's improper retention of classified materials from his time as senator and vice president.
The recordings captured Biden discussing those materials on tape.
Biden's own lawyers admitted in the lawsuit that the DOJ now plans to hand the audio and transcripts over to Congress and the Heritage Foundation – which sued under FOIA to obtain them.
https://twitter.com/foxnewspolitics/status/2059608282499829830?s=20
Biden's argument for stopping the release?
His "right to privacy in the personal conversations he has within his own home."
That's it. That's the legal theory.
A man found with classified documents in his garage wants a judge to rule that recordings of him discussing those documents are too private to release.
What the Transcripts Already Showed
The transcripts – which were already released – told readers enough to understand why Biden needs the audio buried.
Biden repeatedly said "I don't remember" about the classified documents investigators found in his possession.
He was fuzzy on dates. Fuzzy on details. Fuzzy on how highly sensitive documents from his Senate years and vice presidency ended up where they did.
Hur's 345-page report recommended no criminal charges but documented something Democrats spent months trying to bury: Biden couldn't reliably recall basic facts about his own vice presidency, including when it ended.
Democrats said Hur was out to get Biden with that characterization.
The transcripts they claimed vindicated him showed exactly what Hur described.
Now they want to make sure voters never hear what Biden actually sounded like on those recordings.
The Standard They Set at Mar-a-Lago
In August 2022, Biden's Justice Department sent FBI agents to raid Donald Trump's home at Mar-a-Lago over classified documents.
It dominated cable news for months.
Democrats called it proof Trump was a criminal. They demanded accountability.
They insisted no one was above the law.
Trump's documents were covered by the Presidential Records Act with an active negotiation underway between his team and the National Archives.
Biden was a private citizen when he held classified documents going back to his Senate days – materials that sat in an unlocked garage next to his Corvette and at the Penn Biden Center for years.
Congress wanted the Biden audio too.
When the White House asserted executive privilege to block it, the House voted in 2024 to hold Merrick Garland in contempt.
https://twitter.com/Newsforce/status/2059577854476611669?s=20
Now Biden is back in federal court – this time using privacy law to keep the same recordings away from Congress and the Heritage Foundation.
The Move That Tells You Everything
Vindicated people don't sue the Justice Department.
They don't assert executive privilege, get their attorney general held in contempt of Congress, and then open a new legal front the moment another release avenue appears.
Biden's lawyers argued in the filing that releasing the audio would invade his privacy – that a former vice president has the same right to keep his home conversations sealed as any other American.
True enough.
Americans do have privacy rights.
But Americans also don't typically get FBI raids launched against their political opponents over documents while spending years in court hiding their own.
Trump saw the lawsuit and posted three words: "A Crooked Politician!!!"
Biden responded by proving him right in federal court.
Sources:
- Bradford Betz, "Trump lashes out at Biden over suing DOJ to hide interview audio files," Fox News, May 27, 2026.
- Robert Hur, Report of the Special Counsel on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents, Department of Justice, February 2024.
- "Biden Repeatedly Says 'I Don't Remember' Regarding Classified Documents in Newly Released Hur Interview Audio," Fox News, 2024.