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Civics & Democracy

Justice Department official says full Epstein files won't come by Friday deadline

A person wearing a baseball cap holds a sign that reads "Release all the files!" across from where a crowd of people, out of focus in the background, are gathering near a set of stairs.
A protester holds a sign related to the release of the Jeffrey Epstein case files outside the U.S. Capitol in Washington, D.C., on Nov. 12.
(
Saul Loeb
/
AFP via Getty Images
)

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Friday is the deadline to release the Epstein files. Here’s what to expect

By law, the Justice Department has until Friday to release files related to the life and death of Jeffrey Epstein.

Under the Epstein Files Transparency Act signed by President Trump last month, the attorney general is directed to "make publicly available in a searchable and downloadable format all unclassified records, documents, communications, and investigative materials in the possession of the Department of Justice, including the Federal Bureau of Investigation and United States Attorneys' Offices" related to Epstein and his associate Ghislaine Maxwell.

More specifically, the law targets the release of information about individuals affiliated with Epstein's criminal activities, any decisions not to charge Epstein and his associates and "entities (corporate, nonprofit, academic, or governmental) with known or alleged ties to Epstein's trafficking or financial networks."

The files include "more than 300 gigabytes of data and physical evidence" in the FBI's custody and internal Justice Department records from criminal cases against Epstein. Some files include photos and videos of Epstein's accusers, including minors, and other depictions of abuse that will be withheld.

The text of the law that passed Congress with near-unanimous support also reads that "no record shall be withheld, delayed, or redacted on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary."

Ahead of the release, some members of Congress have expressed concern about what may be shared and when. Rep. Thomas Massie, R-Ky., a co-sponsor of the bill pushing for the release of Epstein files, shared a 14-minute video online Thursday explaining his expectations.

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Massie said that he spoke with lawyers for some of Epstein's victims who allege that "there are at least 20 names of men who are accused of sex crimes in the possession of the FBI."

"So if we get a large production on December 19th and it does not contain a single name of any male who's accused of a sex crime or sex trafficking or rape or any of these things, then we know they haven't produced all the documents," he said. "It's that simple."

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While the law gives the Justice Department 30 days after Trump signed it to publish the files, there is notably no mechanism to enforce the deadline or seek punishment if the deadline is not met or if lawmakers argue some redactions are improper.

There's also language in the law that allows redactions for classified national security or foreign policy purposes as well as anything "that would jeopardize an active federal investigation or ongoing prosecution."

Politics at play

But in recent weeks, Trump called on the Justice Department to investigate Democrats and financial institutions that have been mentioned in Epstein's private communications that have been released by the House Oversight Committee, complicating potential disclosures.

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The attorney general is supposed to submit to the House and Senate a report listing the categories of records released and withheld, a summary of redactions made and "a list of all government officials and politically exposed persons named or referenced in the released materials" without redactions.

House Minority Leader Hakeem Jeffries, D-N.Y., told reporters Thursday that Democrats "expect compliance" with Friday's deadline.

"But if the Department of Justice does not comply with what is federal law at this point, there will be strong bipartisan pushback," he said.

In the meantime, there has been a steady drip of releases by Democrats and Republicans on the House Oversight Committee of documents from Epstein's private files, handed over by his estate under a subpoena.

The way the Trump administration has handled the Epstein files — including downplaying the information for much of the year — means that this release likely won't be the end of the story.

Democrats have used the files and Trump's changing message as one of the few levers of power they have to go after the Republican Party, which controls Congress and the White House.

Before returning to office, Trump and other key figures vowed to release the Epstein files as proof that a cabal of child predators was being protected by the government and working to undermine Trump. Now, some of Trump's base believes that he himself is part of the cover-up.

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Throughout all of this, Epstein and Maxwell's accusers say they're disappointed that their allegations of abuse have been used as a political cudgel wielded by politicians in Washington.

"It's time that we put the political agendas and party affiliations to the side," Haley Robson, one accuser, said in a Nov. 18 press conference outside the Capitol. "This is a human issue. This is about children. There is no place in society for exploitation, sexual crimes, or exploitation of women in society."

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