DOJ can’t release Biden tapes while hiding Jack Smith report, watchdog says

Published July 29, 2026 6:00am ET | Updated July 29, 2026 7:53am ET



The Justice Department’s successful push to release former President Joe Biden’s private memoir tapes is undercutting the Trump administration’s effort to keep former special counsel Jack Smith’s classified documents report under seal, a First Amendment watchdog argued Tuesday.

The Knight First Amendment Institute at Columbia University and American Oversight filed a brief to the U.S. Court of Appeals for the 11th Circuit to overturn U.S. District Judge Aileen Cannon’s permanent injunction barring the report’s release. The groups said neither the DOJ nor President Donald Trump’s legal team, which both seek to keep the report under wraps, has justified why the public’s right of access should be overridden.

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.