Opinion

GREGG JARRETT: Release the Biden tapes and let Americans hear the truth for themselves

Americans have a right to know the truth and to conclude for themselves whether their president was lying

By Gregg Jarrett Fox News

Published May 27, 2026 4:51pm EDT

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Biden reportedly seeks to block DOJ release of 2017 audio

Fox News legal analyst Gregg Jarrett discusses former President Joe Biden's reported efforts to prevent the release of classified information tapes and former FBI Director James Comey's indictment on ‘Hannity.’

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Joe Biden’s elaborate game of hide-and-seek over his suspected theft of highly classified government documents may finally be coming to an end.

The Department of Justice announced, "Ready or not, here I come!" So, the former president scampered to a federal court on Tuesday, begging for protection to prevent the public release of audio recordings and transcripts in which he is known to have incriminated himself.

Asking a judge to effectively cover up evidence of crimes — whether charged or not — is a fanciful proposition.

The recordings were obtained lawfully in 2023 by then-special counsel Robert Hur. Hence, Biden can no longer legitimately claim a Fourth Amendment privacy interest in them. Once they entered the public and prosecutorial domain, they were stripped of privacy protections.

BIDEN STRUGGLES WITH WORDS, KEY MEMORIES IN LEAKED AUDIO FROM SPECIAL COUNSEL HUR INTERVIEW

Yet, that is Biden’s argument. He is suing the DOJ to stop it from handing over the recordings to Congress and the Heritage Foundation, which long ago sought the tapes pursuant to the Freedom of Information Act.

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The facts established by Hur’s investigation show that Biden kept (or stole) troves of classified documents when he was a U.S. senator and, later, vice president. They were stored in his home, garage and office at the Penn Biden Center. These were unsecured and unauthorized places, in violation of the Espionage Act (18 U.S.C. 793-798). His actions seriously jeopardized national security.

Even worse, Biden is heard on the recordings sharing classified information with his ghostwriter, Mark Zwonitzer, also in violation of the act. The author held no security clearance........

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