Biden sues to block release of biographer audio

I don't know. Maybe there's some constitutional reason. I don't know. I'd like to-- I would like to see what he has to say, because we can never allow what happened to this country to happen. The man was grossly incompetent. CBS News Legal Contributor, Jessica Levinson joins us now. So, good to see you. Is there a constitutional reason to block the release of these recordings?

Well, what the former president is arguing is that this is a huge violation of his privacy rights, and obviously, that's not specifically enumerated in the Constitution, but he's really making more of a statutory argument here. He's saying that these particular recordings are not covered by the Freedom of Information Act, and what he's focusing on is what you just mentioned, actually, that these are recordings that were made between him and his ghostwriter at his home, that they were extremely private. There was never the thought that they would be publicly-- excuse me, publicly released, and that the Department of Justice only obtained these recordings as part of a criminal investigation. And so what President Biden, former President Biden is arguing is that for those two reasons there is no purpose under the Freedom of Information Act to publicly disclose any of this information. He's also making policy arguments that this is an unwarranted intrusion into his privacy rights, and he's saying that Congress really doesn't have a good reason. They just have a pretextual reason for wanting this information. What are the ways in which this could play out? So at this point, we're looking to see what a judge does when it comes to this suit. Obviously President Biden is saying, wait, pause, don't release this information. I think that a judge could say, you know what? That's some sense to that. I'm going to wait while I hear from both sides, while I have a full briefing on the Freedom of Information Act, on the privacy concerns, on why this information was obtained, and on whether there's a public interest in releasing this information now. So I have a sense that we might not have a full answer by June 15, which I think is the date that otherwise this information would be released. Jessica Levinson, thank you.