Case: Biden v. U.S. Department of Justice

1:26-cv-01818 | U.S. District Court for the District of District of Columbia

Filed Date: May 26, 2026

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. Former President Joe Biden filed this lawsuit against the U.S. Department of Justice on May 26, 2026, in the U.S. District Court for the District of Columbia. The complaint arose from private audio recordings made during conversations between Biden and his writing partner, beginning in spring 2016, which covered sensitive personal and political topics including the illness and death of Biden's son Beau and Biden's deliberations about a 201…

[This summary is temporary while we research the case]. Former President Joe Biden filed this lawsuit against the U.S. Department of Justice on May 26, 2026, in the U.S. District Court for the District of Columbia. The complaint arose from private audio recordings made during conversations between Biden and his writing partner, beginning in spring 2016, which covered sensitive personal and political topics including the illness and death of Biden's son Beau and Biden's deliberations about a 2016 presidential run. Special Counsel Robert K. Hur obtained these recordings in 2023 during an investigation into Biden's handling of classified documents, but Hur ultimately concluded that criminal charges were not warranted. The DOJ had defended its withholding of the materials for approximately two years in response to a Freedom of Information Act (FOIA) request by the Heritage Foundation, characterizing Biden's privacy interests as "undoubtedly enormous," but reversed its position following President Trump's inauguration in January 2025 and announced its intention to disclose the recordings and transcripts on June 15, 2026. Biden alleged that the DOJ also solicited a purported congressional request from House Judiciary Committee Chair Jim Jordan—dated March 23, 2026, four days after the DOJ had already informed Biden's counsel of the request's existence—characterizing it as pretextual and lacking a legitimate legislative purpose. The complaint asserted three counts under the Administrative Procedure Act, including that the DOJ's decision was arbitrary and capricious, an abuse of discretion, and contrary to law under the Privacy Act, and sought declaratory relief, injunctive relief, and attorney's fees.

Summary Authors

(6/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73394227/parties/biden-jr-v-us-department-of-justice/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Ballesteros, H. Atticus (District of Columbia)

Attorney for Defendant

Bailey, John (District of Columbia)

Expert/Monitor/Master/Other

Berry, Matthew B. (District of Columbia)

Clouse, Sarah Edith (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-01818

Complaint

Biden Jr. v. U.S. Department of Justice

May 26, 2026

May 26, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73394227/biden-jr-v-us-department-of-justice/

Last updated June 9, 2026, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-12444453) filed by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons to U.S. Department of Justice, # 6 Summons to Attorney General of the United States, # 7 Summons to U.S. Attorney's Office for D.C.)(Jeffress, Amy) (Entered: 05/26/2026)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Civil Cover Sheet

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5 Summons to U.S. Department of Justice

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6 Summons to Attorney General of the United States

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7 Summons to U.S. Attorney's Office for D.C.

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May 26, 2026

May 26, 2026

Clearinghouse
2

SEALED DOCUMENT filed by JOSEPH R. BIDEN, JR. re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Jeffress, Amy) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

3

NOTICE OF RELATED CASE by JOSEPH R. BIDEN, JR.. Case related to Case No. 24-645-DLF. (Jeffress, Amy) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

4

NOTICE of Appearance by Kaitlin Brooke Konkel on behalf of JOSEPH R. BIDEN, JR. (Konkel, Kaitlin) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

5

SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/27/2026)

May 27, 2026

May 27, 2026

Case Assigned/Reassigned

May 27, 2026

May 27, 2026

Case Assigned to Judge Dabney L. Friedrich. (znmw)

May 27, 2026

May 27, 2026

.Order

May 27, 2026

May 27, 2026

MINUTE ORDER. Before the Court is the plaintiff's 1 Complaint and 3 Notice of Related case, which indicates that this APA action is related to a FOIA action already before this Court, 24-cv-645. The Court recognizes that both cases concern the Department's release of the Zwonitzer materials, but this 1 Complaint relates to the release of those materials to Congress, which raises different legal claims under the APA and different legal issues, including the scope of Article I powers. Accordingly, it is ORDERED that both parties shall file, on or before 10:00 a.m. on May 28, 2026, briefs of no more than five pages that address, with supporting caselaw, whether this case is properly related to 24-cv-645 under Local Rule 40.5(a)(3). So Ordered by Judge Dabney L. Friedrich on May 27, 2026. (lcdlf2)

May 27, 2026

May 27, 2026

6

RESPONSE TO ORDER OF THE COURT re Order,,, / Brief of Plaintiff Joseph R. Biden, Jr., Regarding May 27, 2026, Minute Order filed by JOSEPH R. BIDEN, JR.. (Jeffress, Amy) (Entered: 05/28/2026)

May 28, 2026

May 28, 2026

RECAP
7

RESPONSE TO ORDER OF THE COURT re Order by U.S. DEPARTMENT OF JUSTICE. (Halloran, John) Modified event on 5/31/2026 (znmw). (Entered: 05/28/2026)

May 28, 2026

May 28, 2026

RECAP

.Order

May 28, 2026

May 28, 2026

MINUTE ORDER. Upon consideration of the plaintiff's 1 Complaint, which notes that he "intends to file [a] preliminary injunction motion" and that he is "conferring with the Department... regarding a proposed briefing schedule," and the Department's June 15, 2026 disclosure date, it is ORDERED that, on or before 9:00 a.m. on May 29, 2026, the parties shall file a proposed briefing schedule for the forthcoming motion. So Ordered by Judge Dabney L. Friedrich on May 28, 2028. (lcdlf2)

May 28, 2026

May 28, 2026

8

ORDER transferring this case to the Calendar and Case Management Committee for random reassignment. See text for details. Signed by Judge Dabney L. Friedrich on May 29, 2026. (lcdlf2) (Entered: 05/29/2026)

May 29, 2026

May 29, 2026

9

NOTICE Regarding Proposed Briefing Schedule (Joint) by JOSEPH R. BIDEN, JR. re Order,, (Jeffress, Amy) (Entered: 05/29/2026)

May 29, 2026

May 29, 2026

RECAP
10

NOTICE of Appearance by John J Halloran, Jr on behalf of U.S. DEPARTMENT OF JUSTICE (Halloran, John) (Entered: 05/29/2026)

May 29, 2026

May 29, 2026

11

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 05/29/2026)

May 29, 2026

May 29, 2026

Case Assigned/Reassigned

May 29, 2026

May 29, 2026

Case randomly reassigned to Judge Tanya S. Chutkan pursuant to 8 Order dated 5/29/2026. Judge Dabney L. Friedrich is no longer assigned to the case. (ztnr)

May 29, 2026

May 29, 2026

12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Taisa M. Goodnature, Filing fee $ 100, receipt number ADCDC-12455535. Fee Status: Fee Paid. by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Declaration of Taisa M. Goodnature, # 2 Certificate of Good Standing (DC), # 3 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared M. Hirschfield, Filing fee $ 100, receipt number ADCDC-12455621. Fee Status: Fee Paid. by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Declaration of Jared M. Hirschfield, # 2 Certificate of Good Standing (NY), # 3 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- H. Atticus Ballesteros, Filing fee $ 100, receipt number ADCDC-12455695. Fee Status: Fee Paid. by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Declaration of H. Atticus Ballesteros, # 2 Certificate of Good Standing (DC), # 3 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

15

NOTICE of Appearance by Taisa M. Goodnature on behalf of JOSEPH R. BIDEN, JR. (Goodnature, Taisa) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

16

NOTICE of Appearance by Jared M. Hirschfield on behalf of JOSEPH R. BIDEN, JR. (Hirschfield, Jared) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

17

NOTICE of Appearance by Alexander William Resar on behalf of All Defendants (Resar, Alexander) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

18

Unopposed MOTION to Intervene by COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES. (Attachments: # 1 Declaration Declaration of Todd B. Tatelman, # 2 Text of Proposed Order)(Berry, Matthew) (Entered: 06/01/2026)

1 Declaration Declaration of Todd B. Tatelman

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2 Text of Proposed Order

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June 1, 2026

June 1, 2026

19

NOTICE of Appearance by Matthew B. Berry on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Berry, Matthew) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

20

NOTICE of Appearance by Todd Barry Tatelman on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Tatelman, Todd) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

21

NOTICE of Appearance by Sarah Edith Clouse on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Clouse, Sarah) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

22

NOTICE of Appearance by Andy Wang on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Wang, Andy) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

23

MOTION for Preliminary Injunction by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Amy Jeffress, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

1 Memorandum in Support

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2 Declaration of Amy Jeffress

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Text of Proposed Order

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June 1, 2026

June 1, 2026

NOTICE of Hearing: Status Conference set for 6/2/2026 at 10:00 AM in Courtroom 9- In Person before Judge Tanya S. Chutkan. (zcll)

June 1, 2026

June 1, 2026

Notice of Hearing

June 1, 2026

June 1, 2026

Order on Motion for Leave to Appear Pro Hac Vice

June 1, 2026

June 1, 2026

.Order AND ~Util - Set/Reset Deadlines

June 1, 2026

June 1, 2026

.Order

June 1, 2026

June 1, 2026

MINUTE ORDER: The Court will provide access for the public to telephonically attend the hearing scheduled for June 2nd, 2026 at 10:00 a.m. The hearing can be accessed through dialing the Toll Free Number: 833-990-9400, Meeting ID: 493633106. It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 6/1/2026. (zcll)

June 1, 2026

June 1, 2026

MINUTE ORDER: In light of the parties' 9 Joint Notice, Plaintiff's Motion for Preliminary Injunction is due by 6/1/2026. Defendant's Opposition, if any, is due by 6/8/2026. Plaintiff's Reply, if any, is due by 6/10/2026. Signed by Judge Tanya S. Chutkan on 6/1/2026. (lcjb)

June 1, 2026

June 1, 2026

MINUTE ORDER: Plaintiff's 12 Motion for Leave to Appear Pro Hac Vice is GRANTED. Taisa M. Goodnature is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 6/1/2026. (lcjb)

June 1, 2026

June 1, 2026

MINUTE ORDER: Plaintiff's 13 Motion for Leave to Appear Pro Hac Vice is GRANTED. Jared M. Hirschfield is hereby admitted pro hac vice to represent Plaintiffs in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 6/1/2026. (lcjb)

June 1, 2026

June 1, 2026

MINUTE ORDER: Plaintiff's 14 Motion for Leave to Appear Pro Hac Vice is GRANTED. Henry Atticus Ballesteros is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 6/1/2026. (lcjb)

June 1, 2026

June 1, 2026

24

NOTICE of Appearance by John Bailey on behalf of U.S. DEPARTMENT OF JUSTICE (Bailey, John) (Entered: 06/02/2026)

June 2, 2026

June 2, 2026

25

NOTICE of Appearance by H. Atticus Ballesteros on behalf of JOSEPH R. BIDEN, JR. (Ballesteros, H.) (Entered: 06/02/2026)

June 2, 2026

June 2, 2026

Order on Motion to Intervene AND Status Conference AND ~Util - Set/Reset Deadlines

June 2, 2026

June 2, 2026

Minute Entry for Proceedings held before Judge Tanya S. Chutkan: Status Conference held on 6/2/2026. The Court GRANTS 18 Motion to Intervene as to COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES. COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES opposition to 23 is due by 6/8/2026. (Court Reporter Rebecca Monroe.) (zcll) Modified on 6/2/2026 to correct ECF link (zcll).

June 2, 2026

June 2, 2026

26

Memorandum in opposition to re 23 MOTION for Preliminary Injunction filed by COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES. (Attachments: # 1 Declaration of Todd B. Tatelman, # 2 Text of Proposed Order)(Berry, Matthew) (Entered: 06/08/2026)

1 Declaration of Todd B. Tatelman

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2 Text of Proposed Order

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June 8, 2026

June 8, 2026

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27

Memorandum in opposition to re 23 MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Peter A. Winn)(Resar, Alexander) (Entered: 06/08/2026)

1 Declaration of Peter A. Winn

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June 8, 2026

June 8, 2026

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Privacy

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 26, 2026

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-01818

Recommended Citation