This week, a divided three-judge panel of the D.C. Circuit appeals court approved disclosure to the Heritage Foundation of some 70 hours of former President Joe Biden’s communications with the ghost writer of his 2017 memoir about serving as vice president in the Obama administration.
The recordings and transcripts (hereafter, the Biden tapes) were obtained by special counsel Robert Hur, who’d been appointed by Biden’s attorney general, Merrick Garland, to investigate the then-president’s mishandling of classified intelligence files. Though the probe found that Biden had a decades-long pattern of unlawfully retaining such intelligence, Hur opted against prosecuting. He rationalized that Biden’s diminished capacity made it unlikely a jury would unanimously vote to find him guilty.
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