A newly released audio recording of then-President Joe Biden’s interview with special counsel Robert Hur reveals clear signs of memory lapses—contradicting earlier denials from White House officials. The recording includes a moment where Biden appears unable to recall the year his eldest son, Beau Biden, died, until prompted by his legal team.
Despite the release of the transcript months earlier, Biden aides—most notably then-White House spokesman Ian Sams—maintained that the president had not forgotten the year of Beau’s death from brain cancer. The audio, first obtained by Axios, provides direct evidence to the contrary.
Sams has not responded to requests for comment following the release of the recording.
The audio’s emergence is expected to intensify scrutiny from both within the Democratic Party and the broader public. Questions are mounting over whether Biden’s cognitive decline was downplayed or hidden in the lead-up to the 2024 presidential election, a race that ultimately ended in defeat for Democrats. The timing of the audio’s release aligns with several upcoming books that reportedly offer behind-the-scenes accounts of Biden’s inner circle and concerns about his mental acuity.
Biden was interviewed by Hur over two days in October 2023 as part of an investigation into his handling of classified documents after leaving the vice presidency. Hur, in his final report, cited Biden’s mental state as one reason he chose not to pursue criminal charges, describing him as “an elderly man with a poor memory.”
Republicans, including former President Donald Trump, seized on that characterization, demanding that the audio be made public. Then-Attorney General Merrick Garland released the interview transcript but initially withheld the audio, citing executive privilege. The White House supported the decision, arguing the audio should remain confidential.
This refusal led to Garland being held in contempt of Congress. Multiple news outlets, including NBC News, subsequently filed lawsuits to obtain the recordings. The matter remained unresolved during the final months of Biden’s presidency.
After Trump returned to office, the Department of Justice requested more time to assess the situation, citing delays in appointing new leadership. A federal judge granted the extension, with a deadline set for an update by May 20.
Special Counsel Hur, appointed by Garland, ultimately found evidence that Biden knowingly retained classified materials—an offense that could carry criminal penalties. However, Hur concluded a conviction would be unlikely, in part because of Biden’s diminished memory.
“At trial, Mr. Biden would likely present himself, as he did during our interview, as a sympathetic, well-meaning, elderly man with a poor memory,” Hur wrote in his final report.
At the time, Biden’s legal team strongly objected to Hur’s description, arguing that the president had handled the lengthy interview under pressure and showed no more lapses than any average witness might. Democratic leaders also criticized Hur for including the personal assessment in a report that resulted in no charges.
But Hur’s concerns appeared to be confirmed months later during Biden’s first debate with Trump. The president struggled to complete thoughts and maintain coherence onstage, leading to widespread concern within the Democratic Party. His performance ultimately contributed to his decision to withdraw from the 2024 race weeks later.