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A United States judge has rejected a request from former Democratic President Joe Biden that his privacy rights would be violated if the memos he made were made public.
On Friday, US District Judge Dabney Friedrich, an appointee of President Donald Trump, ruled that the paintings could be released to the Heritage Foundation, a think tank.
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Trump’s administration had previously approved the release of tapes and transcripts, which Biden made while in office with occult writer Mark Zwonitzer.
Together, they released a 2017 memoir, Promise Me, Dad: A Year of Hope, Challenge, and Purpose.
In its 26 pages controlFriedrich acknowledged that Biden could be harmed by the leaked tapes.
Mr. Biden has long been under scrutiny as to whether his advanced age precludes him from running for president during his term from 2021 to 2025. Previously, he served as vice president from 2009 to 2017.
“The court agrees that — on these facts about the candid words of another person in his home — the disclosure of Zwonitzer’s weapons could damage Biden’s interests and reputation,” Friedrich wrote.
But he emphasized that such harm cannot be undone, and does not take away from public interest in releasing the files.
“Biden didn’t realize any of the problems that would happen if there wasn’t a law on this,” Friedrich said. “The damage from undermining Biden’s privacy interest outweighs the public interest in Zwonitzer’s affairs.”
Biden filed a lawsuit claiming that the Justice Department has a duty to protect confidential information it collects during criminal investigations.
He asked the court to issue an injunction preventing the Heritage Foundation, which has supported Trump, from receiving the documents through a Freedom of Information Act (FOIA) request.
“Every American, including the vice president or vice president, has a right to privacy about conversations they have at home,” Biden’s lawyers said in his court filing.
The tapes and documents remained at the Department of Justice in 2023, during the Biden era.
The Justice Department then appointed a special counsel, attorney Robert Hur, to conduct an independent investigation into Biden’s alleged tampering with classified documents while in office.
A similar investigation, led by the second special counsel, Jack Smith, resulted in a temporary injunction against Trump. Hur, however, confirmed that there are no “valid” charges against Biden.
One of the reasons was “lack of evidence”. But part of his reasoning was that, if the charges go to trial, the jury will see Biden as “a kind, good-hearted, old man with a bad memory”.
As part of his investigation, Hur obtained tapes and memos of Biden and Zwonitzer to see if the Democrat misappropriated information from his time as president in his memoirs.
But he also cited them as evidence that Biden “seems to be limited” in his memory.
Scrutiny of Biden’s age has intensified during his bid for re-election in 2024. During the June 2024 presidential debate against Trump, Biden appeared to go off topic and say nonsense.
At one point, he suggested, “We beat Medicare,” referring to the federal insurance program for the elderly and disabled.
Biden later dropped out of the race, and his replacement, Vice President Kamala Harris, lost to Trump after a lackluster campaign. The Democrat, however, has always denied that he was unable to perform his duties as president.
Mr. Trump has mentioned Mr. Biden’s age and his views as a reason to change what the Democrats did while in office.
They have also asked the Department of Justice to investigate whether any officials tried to cover up anything Mr. Biden had while president.
The Republican-led House Oversight Committee also sought access to Zwonitzer’s files for a similar investigation.
Biden was 82 years old when he leaves office in January 2025, making him the oldest president in US history. Trump will be a little older at the end of his term, when he finishes his second term.
Democrats are expected to appeal Friday’s decision to release the tapes.