Trump Rips Joe Biden’s Lawsuit to Block Release of Special Counsel Audio

Under the law as currently written, those definitions would appear to cover the interview recordings, and the fact that the tapes were obtained during a special counsel investigation does not automatically transform them into public records subject to immediate release. There is certainly an argument — especially in cases involving a sitting or former president — that very little can truly be considered “personal” given the public interest surrounding presidential conduct and decision-making.

But legally speaking, the existing framework governing presidential and personal records may still provide Biden with at least some basis for trying to keep the recordings shielded from disclosure. Of course, the bigger political question hanging over all of this is whether the audio recordings further expose concerns about Joe Biden’s mental sharpness during his time in office.

That issue has hovered over Biden’s presidency for years, fueled by verbal stumbles, confusion during public appearances, and repeated moments critics argued raised serious concerns about his fitness for office.