Audio recordings of President Joe Biden's conversations with his memoir ghostwriter have been released by the Oversight Project after a lengthy legal battle, offering new details on Biden's memory lapses and handling of classified documents before his presidency.

The release intensifies debate over whether Biden's cognitive state and conduct with sensitive materials received preferential treatment compared to other political figures.

The Oversight Project, a government watchdog, secured the audio files after more than two years of litigation, according to a statement from its general counsel, Kyle Brosnan. The group announced its legal victory and posted all six recordings—totaling over two hours—on its website, along with searchable transcripts. The lawsuit to obtain the tapes was filed on March 6, 2024, Brosnan said in an interview on The Dan O’Donnell Show.

Content of the Recordings

The tapes capture Biden, then a former vice president, frequently losing his train of thought and struggling to recall key facts during discussions with ghostwriter Mark Zwonitzer. In one segment, Biden is unable to remember the name of Rep. James Clyburn, a prominent South Carolina Democrat. Brosnan argued that the recordings demonstrate Biden's cognitive decline began before his presidency, stating, “These tapes show that the autopen presidency was not born when he was inaugurated president in 2021 but in the intervening years between when he left as vice president and the 2020 election.”

The Oversight Project's website hosts the full audio and transcripts, making the material accessible for public review. The group described the release as a win for transparency after what it called resistance from the Biden administration.

The recordings also include Biden referencing classified documents in his possession, at times acknowledging their sensitive nature. Brosnan noted, “There are also multiple points throughout the audio where Biden himself says, ‘Oh boy, I’m not supposed to have this. Or ‘Hey, this is classified.’”

Special Counsel Robert Hur, in his 2024 report, described Biden as a “sympathetic, well-meaning elderly man with a poor memory” and declined to pursue charges for mishandling classified documents, citing the likelihood that a jury would not convict. Hur’s decision drew criticism from Republicans, who contrasted Biden’s treatment with the prosecution of former President Donald Trump by Special Counsel Jack Smith over classified documents found at Mar-a-Lago.

At a Judiciary Committee hearing, Chairman Jim Jordan argued, “Joe Biden kept classified information. Joe Biden failed to properly secure classified information and Joe Biden shared classified information with people he wasn’t supposed to. Joe Biden broke the law because he’s a forgetful old man who would appear sympathetic to a jury. Mr. Hur chose not to bring charges.”

“Because the swamp always wins. I mean this is coming of the heels of Hilary Clinton and her private email server and the declination to prosecute her.”

— Kyle Brosnan, Oversight Project general counsel

Brosnan and others have alleged a double standard in the justice system, pointing to the lack of charges against Biden and former Secretary of State Hillary Clinton, compared to the legal actions taken against Trump and his associates.

Responses and Political Impact

Vice President Kamala Harris, at the time of Hur’s report, strongly defended Biden, calling the special counsel’s characterization of the president “inaccurate and inappropriate.” Harris said, “The way that the President’s demeanor in that report was characterized could not be more wrong on the facts.”

The Democratic National Committee and other Biden allies have not issued new statements in response to the release of the audio. The Oversight Project has positioned itself as a government watchdog focused on transparency and accountability, and its litigation efforts have drawn attention from both supporters and critics.

The release of these recordings comes amid ongoing scrutiny of Biden’s fitness for office and the handling of classified information by high-level officials. The Oversight Project has indicated it will continue to pursue litigation and investigations related to government transparency.

The Bottom Line

  • The Oversight Project released over two hours of Biden audio after a two-year legal fight for public access.
  • Recordings show Biden referencing classified documents and struggling with memory lapses before his presidency.
  • Special Counsel Robert Hur declined to charge Biden, citing his memory issues; critics allege a double standard.