The U.S. District Court for the District of Columbia denied the former president’s motion for a preliminary injunction in the Freedom of Information Act lawsuit filed by the Heritage Foundation and its employee, Mike Howell.
The materials come from former special counsel Robert Hur’s investigation into Biden’s mishandling of classified documents. The Justice Department will now turn over the redacted versions to the plaintiffs and House Judiciary Committee.
The Justice Department initially withheld the tapes under multiple FOIA exemptions. The agency reversed its position after a congressional request. Biden filed a motion to intervene and prevent the tapes from being publicized.
The judges' decision to reject Biden's request to conceal the Robert Hur interview tapes is good news for both conservatives and government transparency. Remember it was Hur who described Biden as a "sympathetic, well-meaning, elderly man with a poor memory," noting that he struggled to recall major events like when his son Beau died and the dates of his vice presidency. The October 2023 tapes—recorded months before the June 2024 debate show Biden repeatedly needing help from his attorney to remember key facts and, at times, struggling to complete his own thoughts, reinforcing why he'd want to conceal the tapes as well as concerns that his cognitive decline was evident well before it became impossible to deny.
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