A former Trump Justice Department official has claimed that newly released audio recordings show Joe Biden disclosed "massive amounts of classified information" to his memoir ghostwriter, reigniting a political debate many believed had been settled.
Jeff Clark, who served during the Trump administration, said his team is reviewing dozens of hours of interviews between Biden and ghostwriter Mark Zwonitzer that have been at the centre of a years-long legal battle. Clark accompanied his social media comments with a screenshot of federal criminal statutes, though he did not specify which laws he believes were violated.
The recordings, obtained through Freedom of Information requests and court orders, cover conversations held primarily in 2017 as Biden prepared his memoir 'Promise Me, Dad'. They include discussions of foreign policy decisions, family matters and personal reflections. During several sessions, Biden referred to notebooks that investigators later determined contained classified information.
Special Counsel Robert Hur already examined whether Biden's conduct could support prosecution under several federal statutes, concluding that criminal charges were not appropriate. Hur's February 2024 report found that while there was evidence suggesting Biden had knowingly retained some classified material after leaving office, prosecutors would likely struggle to secure a conviction beyond reasonable doubt.
The central question now is whether the newly available audio reveals anything beyond what federal investigators already assessed. Hur's investigation evaluated the ghostwriter interviews as part of its evidence and did not conclude that Biden intentionally disclosed classified information to secure a book deal.
The Oversight Project is going to get the Biden tapes imminently.
— Jeff Clark (@JeffClarkUS) July 27, 2026
The injunction pending appeal by the DC Circuit has been dissolved.
Stand by. Get ready. pic.twitter.com/6Lp8OdQ92n
The Recordings and the Legal Fight for Their Release
The tapes became the subject of a lengthy legal battle after conservative watchdog Heritage Foundation's Oversight Project sought access under the Freedom of Information Act. House Republicans also demanded the recordings as part of broader oversight efforts examining Biden's handling of classified documents.
Following court proceedings, federal judges ordered that redacted versions of the recordings and related transcripts be released to Congress and eligible requesters. Biden separately sued the Justice Department in an attempt to block their disclosure, arguing the recordings contained sensitive personal material and accusing the department of yielding to political pressure.
Jeff Clark Claims Recordings Show Classified Disclosures
Clark wrote on X that his team was reviewing what he described as the Biden tapes and alleged they contained massive amounts of classified information disclosed to Zwonitzer. He also suggested that his team would soon release various bombshells after completing its review.
🚨🚨🚨
— Jeff Clark (@JeffClarkUS) July 27, 2026
Our team is reviewing the Biden tapes now. We will be out with various bombshells.
But I want to make this point right now. The tapes make clear that Biden disclosed massive amounts of classified information to his ghost writer Marc Zwonitzer.
Now, take a look at 18 USC… pic.twitter.com/xGBCOFl8dJ
His accompanying reference to Title 18 of the United States Code appears to point towards provisions commonly used in classified-information cases, including Section 793 of the Espionage Act, which governs the unauthorised retention or transmission of national defence information, and Section 1924, covering unauthorised removal or retention of classified documents.
Hur's investigation already examined these legal theories. The special counsel found that while there was evidence suggesting Biden had wilfully retained classified notebooks in some instances, prosecutors would likely struggle to secure a conviction beyond reasonable doubt.
Clark's comments also come with significant political context. The former Justice Department official became a prominent Trump ally during attempts to challenge the 2020 presidential election and has remained a leading voice among conservatives arguing that Biden's treatment in the classified-documents investigation differed from the prosecution brought against Donald Trump.
Hur Report Already Examined the Tapes and Found No Case
Investigators found that Biden sometimes read aloud from notebooks containing classified information during interviews with Zwonitzer. Hur concluded that there was evidence Biden knowingly retained some classified material after leaving office and that portions of the notebooks contained highly sensitive information relating to national security and foreign policy.
The report stopped well short of accusing Biden of criminally leaking state secrets for commercial gain. Hur concluded that although evidence existed supporting some elements of potential offences, the overall case presented substantial obstacles to prosecution.
Among the factors cited were questions about whether jurors could establish criminal intent beyond reasonable doubt and how Biden would likely present himself before a jury. The Justice Department ultimately accepted Hur's recommendation not to pursue charges.
