What’s next for the Epstein files after congress voted to release them?
If enacted, the bill would require the Justice Department to release documents tied to Jeffrey Epstein and his network.
Congress’s overwhelming approval of legislation to force a public release of federal records tied to the late sex offender Jeffrey Epstein has put new pressure on the Justice Department and President Donald Trump.
The House voted 427-1 on Tuesday (Wednesday AEDT) to pass the bill, and the Senate quickly agreed to approve it by unanimous consent. If signed into law, the legislation would compel the Department of Justice to release previously withheld documents.
Here’s what to know.
What does the Epstein bill do?
The Epstein Files Transparency Act would direct Attorney-General Pam Bondi to make unclassified documents related to Epstein and his associate Ghislaine Maxwell publicly available within 30 days of being signed into law.
The bill requires a systematic disclosure of documents from the Justice Department, including flight logs, internal memos, personal communications, metadata, immunity agreements, and more. It also stipulates that the released material must be fully searchable and downloadable. The bill allows redactions for victim-identifying information and materials depicting child sex abuse. An additional report to congress outlining what was redacted is required within 15 days of publication.
What happens next with the Epstein files?
Trump, despite calling the effort a Democratic “hoax” to embarrass Republicans, has said he will sign the bill if it makes it to his desk.
If the bill becomes law, does the Justice Department have to comply?
The bill allows the Attorney-General to withhold or redact victims’ personal and medical information, anything that contains child pornography, information that would jeopardise an active investigation, and images of death or abuse. It requires the Justice Department to justify its redactions to congress.
A department spokesman didn’t immediately respond to a request for comment.
The Justice Department could cite as an ongoing investigation a review Trump ordered this week into Epstein’s relationship with certain Democrats. Bondi tasked Jay Clayton, US attorney for the southern district of New York, with the assignment, but shared no further details of what the probe would cover.
“Obviously, it provides a lot of wiggle room for DOJ and numerous interpretive issues if it ever got to court,” said Stanley Brand, a former House general counsel and defence lawyer.
What sort of documents do proponents want to see?
A goal of proponents: the release of memos related to interviews that the FBI conducted with victims as part of Epstein’s 2019 federal indictment. While the victims’ identities would be protected under the legislation, the names of other people could become public.
Some Republicans say this could damage the reputations of people who may have attended Epstein’s parties but not engaged in legal wrongdoing. “If you showed up at Epstein’s rape island, I don’t have that much sympathy if your name gets released,” said Democrat Ro Khanna, one of the sponsors of the bill.
What has already been released?
There have been multiple piecemeal disclosures over the years. This February, the Justice Department released a partial trove of documents, but this material contained few new revelations, drawing bipartisan criticism.
Then in September, lawyers for Epstein’s estate turned over a copy of the financier’s 50th birthday book containing letters from dozens of Epstein’s then-associates. One of the letters bore Trump’s signature. The book was assembled in 2003, several years before Epstein was first arrested in 2006. Both Trump and Epstein said that they subsequently had a falling-out. Trump has denied writing the letter.
Most recently, the House oversight committee posted a fresh batch of thousands more documents it received from the Epstein estate.
Numerous documents, deposition transcripts and other information about the investigation and Epstein’s abuse have also been released by courts over the years in connection with civil litigation.
House Speaker Mike Johnson has pointed to a continuing effort by the House oversight committee that has made public documents from both the Justice Department and the Epstein estate, saying that made legislation unnecessary.
Who led the push for the legislation?
The bill was introduced by Khanna and Republican Representative Thomas Massie, who used a discharge petition to bypass opposition from Johnson to set up a floor vote. All House Democrats ultimately signed on, along with four House Republicans: Massie, Marjorie Taylor Greene of Georgia, Lauren Boebert of Colorado and Nancy Mace of South Carolina.
The only House member to vote against the measure on Tuesday was Republican Clay Higgins.
What has the Justice Department said about these documents?
In a July memo, the Justice Department and FBI said there was no “incriminating client list” of people who paid Epstein for trafficking. The agencies also said there was “no credible evidence found that Epstein blackmailed prominent individuals as part of his actions”. The memo concluded that further public disclosure wasn’t warranted, citing victim privacy and court orders.
What precedent is there for congress’s action?
The John F. Kennedy Records Act of 1992 is the clearest legislative precedent – congress mandated a phased public release of documents related to Kennedy’s assassination and created similar protocols for withholding classified information. Most records were eventually released, though successive administrations used national-security waiver provisions to delay full disclosure. In 2017, Trump ordered the release of thousands of JFK documents and added to that this year, but not all documents have been released.
The Wall Street Journal
To join the conversation, please log in. Don't have an account? Register
Join the conversation, you are commenting as Logout