House lawmakers are expected to approve a bill on Tuesday that would force the Department of Justice (DOJ) to release all of its files on Jeffrey Epstein. However, even if the bill becomes law, the Trump administration could use its new investigation into Epstein’s ties to senior Democratic officials to keep some files hidden.
Key data
House lawmakers will vote Tuesday on legislation requiring the Justice Department to release its files on Epstein within 30 days of the law taking effect. The bill is expected to pass by a wide margin after President Donald Trump encouraged House Republicans to back the legislation.
The fact that both House Republicans and the president have backed passage of the bill increased the odds that the measure will become law, although it is still unclear when the Senate might vote or whether it will pass the legislation.
While the bill requires the Justice Department to turn over its entire files on Epstein, the legislation provides for some exceptions that allow the government to withhold documents, primarily those that “could jeopardize an active federal investigation or an ongoing judicial process.”
Attorney General Pam Bondi confirmed last week that, at Trump’s direction, the Justice Department is investigating Epstein’s ties to people and institutions such as former President Bill Clinton, Democratic mogul Reid Hoffman, economist Larry Summers and JP Morgan Chase.
Legal experts have speculated that the Trump administration will use this investigation to justify withholding many of Epstein’s files under the federal investigative exception. Former federal prosecutor Barb McQuade told TIME magazine that the Justice Department investigation could be “a strategy to prevent the release of more documents in the Epstein case.”
The Epstein bill does not allow such documents to remain hidden indefinitely, stating that any documents withheld due to investigations must be “specifically limited and temporary.” However, since it is unclear how long the Justice Department’s investigation will last, it is difficult to say when the full documents could be released.
Crucial ideals
Rep. Thomas Massie, R-Ky., the bill’s House sponsor, said Sunday on ABC’s “This Week” that he is concerned about how the Trump administration’s new investigation into Epstein will affect the release of the files.
“If there are ongoing investigations in certain areas, those documents cannot be released,” Massie said, adding that the investigation “could be a big smokescreen… as a last resort to prevent the release of Epstein’s files.”
What to expect
House lawmakers are expected to vote Tuesday on Epstein’s bill, although it is unclear what time the legislation could pass. From there, Bill Dde will need to be approved by the Senate, but Senate Majority Leader John Thune, R-South Dakota, has so far given no clear indication as to when the chamber might take up the measure.
If the bill passes — as is expected at this point, after Trump gave it his support — the documents must be made public within 30 days of the president’s signature.
Read more: When could Epstein files be released? This is what you should know
What Epstein files can the Trump Administration retain?
Under the version of the bill that will be voted on in the House of Representatives, the DOJ would be required to publicly release a wide variety of documents about Epstein, including anything related to investigations or prosecutions against Epstein and his associate Ghislaine Maxwell, flight logs related to Epstein and documentation relating to his 2019 death.
The DOJ must also name any corporate entities linked to Epstein’s trafficking or financial networks and anyone who is named or mentioned in connection with Epstein’s criminal activities.
The bill only allows the government to withhold information that could identify victims, that shows child abuse or death, that compromises a federal investigation, or that contains classified information. The DOJ cannot withhold information because it causes embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary.
What happens if the DOJ withholds documents?
The bill includes provisions intended to ensure some transparency even if the Justice Department attempts to withhold records. Any redacted information in the files must be accompanied by a written justification that will be published in the Federal Register and submitted to Congress.
Additionally, within 15 days of the files being published, the attorney general must submit to Congress all categories of documents, both published and withheld, as well as legal justifications for all censorships carried out.
The legislation also requires the Justice Department to turn over any internal communications related to Epstein’s files and any documentation regarding altered, hidden or destroyed files.
Also read: Trump now says Republicans should vote for the publication of Epstein files: ‘I don’t care’
What happens with the House Oversight Committee investigation?
The Epstein files legislation is one of two efforts in Congress to release the documents, as the House Oversight Committee also separately subpoenaed the Justice Department to turn over its files on Epstein. The agency is in the process of delivering said material and the commission has agreed to make public what it receives.
The subpoena was issued before the DOJ resumed its investigation into Epstein and does not provide exceptions for federal investigations. It allows the redaction of confidential portions to protect the identity of victims, but does not authorize the withholding of documents for reasons such as attorney-client privilege or confidentiality agreements.
The DOJ must provide a detailed record of the reasons it decides to withhold any document. It remains to be seen whether it might seek to withhold documents based on the new investigation, and the agency has not yet responded to a request for comment.
Key context
Epstein died in prison in 2019 after being accused of sex trafficking, as the financier was accused of sexually assaulting hundreds of women, many of them minors. His case generated widespread interest due to his relationships with numerous prominent figures, including Trump and Clinton, although the two presidents and many others linked to Epstein have never been implicated in his sex trafficking ring.
Interest in the Epstein case resurfaced over the summer after the Justice Department announced it would no longer voluntarily release Epstein files, marking a reversal from previous commitments by senior officials to release the documents. Faced with the Justice Department’s refusal, congressional lawmakers took responsibility for forcing the release of the files, both through the House Oversight Committee’s investigation and the bill that will be voted on Tuesday.
The bill’s chances of passage increased last week after Rep. Adelita Grijalva, D-Ariz., was formally sworn into Congress and cast the deciding vote on a direct passage petition, allowing the legislation to be decided directly in the House of Representatives, bypassing the usual committee process.
Trump reportedly initially pressured Republicans who signed the petition to withdraw their support in order to block the bill — unsuccessfully — before changing his mind Sunday night and encouraging House Republicans to vote for the bill because “it’s time to put this Democratic charade behind us.”
This article was originally published in Forbes US
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