DOJ vs. Biden: Audio Secrecy Showdown

elderly man in suit resting chin on hand in thought

Audio recordings of Joe Biden stumbling through a federal interview — slurring words and struggling to recall basic facts — may soon be impossible to hide, and Alan Dershowitz says the American public will ultimately see them.

Story Snapshot

Axios obtained audio from Biden’s two October 2023 special counsel interview sessions, revealing memory lapses and occasional slurred speech.
Biden has sued the Justice Department to block release of additional audio files, raising serious transparency concerns.
Harvard Law professor Alan Dershowitz predicts the recordings will eventually become public despite Biden’s legal efforts to suppress them.
The fight over the tapes echoes a broader pattern of politically explosive federal records being withheld from the American people.

What the Biden Audio Actually Reveals

Axios obtained audio from two three-hour interview sessions conducted on October 8 and 9, 2023, in which special counsel Robert Hur questioned then-President Joe Biden about his handling of classified documents. ^[1] The recordings reveal Biden having difficulty recalling key details, occasionally slurring words, and muttering during questioning. The audio adds significant context beyond the written transcripts already released following Hur’s report, putting Biden’s mental fitness in sharper focus than the printed page ever could.

The special counsel’s report itself made Biden’s age and memory directly relevant to the prosecutorial decision, noting his limitations as a factor in declining to bring charges. ^[1] That means the recordings are not merely embarrassing political material — they are part of the documented evidentiary record explaining why a sitting president was not prosecuted. The public has a legitimate interest in understanding exactly what the special counsel witnessed during those sessions and why it shaped his conclusions.

Biden Sues to Keep the Tapes Hidden

Rather than allow full transparency, former President Biden filed a lawsuit against the Justice Department seeking to block the release of audio files related to his interviews. ^[2] The Biden legal team has framed the recordings as law enforcement materials protected from disclosure, and previously argued that political opponents might manipulate the audio. Critics note that those arguments amount to claiming the public cannot be trusted with evidence from a federal investigation into the man who held the nation’s highest office.

The Justice Department had previously withheld the audio under a law enforcement materials exemption, but the department’s posture shifted — triggering Biden’s lawsuit. ^[2] No court has yet issued a definitive ruling resolving the disclosure dispute, meaning the legal battle over what Americans are allowed to hear remains ongoing. The absence of a settled ruling keeps the recordings in legal limbo while public curiosity and frustration continue to grow.

Dershowitz: The Public Will See These Recordings

Harvard Law professor Alan Dershowitz, speaking with Greta Van Susteren on Newsmax, expressed confidence that the Biden recordings will eventually become public. Dershowitz has been a consistent voice on the legal dimensions of the Biden family investigations, previously weighing in on the special counsel process and congressional oversight efforts. ^[4] His prediction carries weight given his decades of experience navigating high-profile federal cases and his familiarity with how disclosure battles typically resolve when political pressure mounts.

Video plus transcript plus audio of Joe Biden dictating and having a conversation with his Ghostwriter will provide adequate information for those who are interested to determine Joe Biden's mental acuity during that time while he was in the Oval Office. So as Alan Dershowitz, a… pic.twitter.com/o6662TZy2e

— Star Ali Mistriel (@AliMistriel) May 27, 2026

Dershowitz has also raised pointed questions about the legal processes surrounding the Biden investigations more broadly, including concerns about how special counsels were appointed and whether proper procedures were followed. ^[3] Those concerns underscore a recurring theme: that the legal machinery surrounding the Biden family was handled in ways that demand continued scrutiny. Whether through litigation, congressional action, or eventual administrative disclosure, Dershowitz argues the American people will get answers.

A Pattern of Withholding That Erodes Public Trust

This dispute fits a well-worn pattern in Washington — official materials are partly released, the most revealing raw evidence is withheld, and the fight shifts from what actually happened to how much context the public deserves. ^[1] When the subject is a sitting or former president’s mental fitness and his handling of classified national security documents, that context is not a minor footnote. It goes to the heart of whether the American people were deceived about who was running the country and whether he was capable of doing so.

The recordings exist. The transcripts are already public. The audio adds depth that words on paper cannot fully convey. ^[1] Biden’s legal effort to suppress the tapes, combined with years of media and institutional protection surrounding his cognitive decline, has left millions of Americans rightfully skeptical that they received the full truth. Transparency is not a partisan demand — it is the basic standard a free people should expect from their government, especially when the evidence involves the fitness of a president.