Newly released audio reveals former former President Joe Biden repeatedly saying “I don’t remember” when questioned about classified documents during a 2023 special counsel investigation, raising concerns about his mental acuity and handling of sensitive materials.

At a Glance

• Audio released by Axios shows Biden struggling with memory during his 2023 interview with Special Counsel Robert Hur’s team about classified documents
• The investigation centered on classified documents from Biden’s vice presidency, including an Afghanistan memo and materials found at his homes
• Biden repeatedly couldn’t recall conversations with his ghostwriter about “classified stuff downstairs”
• Special Counsel Hur concluded in 2024 that Biden shouldn’t face criminal charges but described him as “a sympathetic, well-meaning, elderly man with a poor memory”

Biden’s Memory Lapses Under Questioning

During a five-hour interview with Special Counsel Robert Hur’s team in 2023, then-President Biden repeatedly responded “I don’t remember” when questioned about classified documents found at his private residence and office. The audio, recently obtained and released by Axios, provides a stark contrast to the written transcripts previously made available. Biden’s repeated memory lapses occurred while being questioned by co-counsel Marc Krickbaum about classified materials, including a handwritten memo on Afghanistan dating back to the Obama administration.

The questioning focused heavily on Biden’s conversation with Mark Zwonitzer, the ghostwriter of his 2017 memoir “Promise Me, Dad.” When pressed about telling Zwonitzer he had “found all the classified stuff downstairs,” Biden consistently maintained he had no recollection of such a conversation. Throughout the interview, Biden’s attorney, Bob Bauer, repeatedly advised him not to speculate when he couldn’t recall specific events or conversations, further limiting the information investigators could obtain.

Classified Documents and Locations

The investigation centered on classified documents retained by Biden after his vice presidency ended in 2017. Investigators discovered sensitive materials at multiple locations, including Biden’s Delaware home and his lake house. When questioned about boxes of documents stored at these locations, Biden claimed limited knowledge of their contents. The investigation revealed that some documents contained highly sensitive information related to military and foreign policy matters with significant intelligence implications.

“You said to Mark, ‘I just found all the classified stuff downstairs,’ and, so, you can imagine we are curious what you meant when you said, ‘I just found all the classified stuff downstairs,'”, said Marc Krickbaum.

Biden attempted to clarify that when he referred to classified information, he meant details he didn’t want included in his memoir rather than officially classified government documents. This distinction became a central point in the investigation, as prosecutors sought to determine whether Biden knowingly retained classified materials or simply used imprecise language when discussing private information with his ghostwriter.

Timeline Confusion and Memory Issues

The audio recordings reveal Biden struggling with significant timeline issues throughout the interview. At one point, he asked, “When did Beau die?” regarding his son’s passing, an event that deeply affected him and was central to his memoir. Biden also showed confusion about when he left the vice presidency and when President Trump was elected, asking “Why do I have 2017 here?” when reviewing documents. These moments of confusion provided context for Hur’s controversial characterization of Biden in his final report.

“I’m well-meaning, and I’m an elderly man, and I know what the hell I’m doing. I’ve been president. I put this country back on its feet. I don’t need his recommendation.”, former President Joe Biden.

The House Judiciary Committee sued to obtain these audio recordings after the Biden administration initially claimed executive privilege. Committee members emphasized that understanding Biden’s tone, pauses, and verbal cues provided critical context missing from the written transcripts. The audio’s release came after significant legal pressure, with the Department of Justice ultimately providing the recordings to Congress.

Investigation Conclusion and Aftermath

Special Counsel Hur’s investigation concluded in early 2024 with a decision not to pursue criminal charges against Biden for mishandling classified documents. However, Hur’s report described Biden as “a sympathetic, well-meaning, elderly man with a poor memory,” a characterization that infuriated the president. Biden forcefully rejected this assessment in public statements, insisting he remained fully capable of performing his duties. The controversy contributed to growing concerns about Biden’s fitness for office, which ultimately factored into his decision to withdraw from the 2024 presidential race.

The release of these audio recordings has reignited debate about how the Justice Department handles similar investigations, particularly in comparison to the case against former President Trump regarding classified documents. Critics contend that the different approaches to these cases reveal inconsistencies in how the law is applied to different political figures, while others argue that the distinct circumstances warranted different handling.