What’s HIDDEN on That Biden Tape?

The Department of Justice must decide by May 20 whether to release audio of President Biden’s classified documents interview, as pressure mounts from lawsuits and transparency advocates.

At a Glance

  • The DOJ must decide by May 20 whether to release a sensitive audio recording from a past interview with former President Joe Biden
  • The interview scrutinizes Biden’s handling of classified documents, recorded in October 2023 with former Special Counsel Robert Hur
  • Lawsuits have been filed for the release of the audio, with several organizations pushing for transparency
  • The Biden administration cites executive privilege and technological misuse fears as reasons to withhold the audio

DOJ Faces Pressure Over Sensitive Audio

The Department of Justice is bracing for a high-stakes decision by May 20—whether to release the audio recording of President Joe Biden’s October 2023 interview with then-Special Counsel Robert Hur. The session, part of an investigation into Biden’s mishandling of classified materials, ended without charges. Hur cited Biden’s age and memory lapses in explaining the decision, but the absence of audio has sparked suspicion and demands for transparency.

Watch a report: DOJ faces deadline to release Biden interview audio (Daily Caller).

Several organizations—including Judicial Watch and The Heritage Foundation’s Oversight Project—have filed Freedom of Information Act lawsuits to obtain the recording. News outlets like CNN have also joined the legal effort, emphasizing the public’s right to hear the full exchange rather than rely solely on a written transcript.

Executive Privilege vs. Public Interest

The White House has resisted calls for release, citing executive privilege and growing concerns over audio deepfakes and AI manipulation. Officials argue that releasing the recording could open the door to distortion or misuse. A transcript of the interview has been made public, revealing moments of stammering and memory lapses, but critics argue it omits key tonal elements and interactions—especially instances where Biden’s legal team interjected.

According to the Daily Caller, some lawmakers and legal experts contend that omitting the audio diminishes accountability, particularly as Biden’s cognitive fitness remains a politically charged issue. Groups pushing for the tape say the transcript lacks “crucial context,” including repeated phrases and lengthy pauses that may influence public understanding of Biden’s state of mind during the interview.

Legal Pressure and Political Stakes

The House Judiciary Committee has also weighed in with its own legal challenge, asserting that Congress has a constitutional oversight responsibility that includes reviewing the full content of the interview. This broader fight underscores a deeper institutional clash over how executive privilege is applied in the post-Trump era.

As Politico reports, even some mainstream media organizations traditionally viewed as sympathetic to Biden have sided with transparency advocates, arguing the public’s right to evaluate presidential conduct outweighs theoretical misuse risks. Meanwhile, the Justice Department remains caught between preserving legal precedent and addressing a public that increasingly questions what’s being withheld—and why.

What happens next could influence not only Biden’s legacy but also how future administrations manage the balance between security and scrutiny. The May 20 deadline stands as a decisive test of that tension.