The wait for the Epstein files has finally begun, but a new law means that transparency may be far from guaranteed. The Justice Department and Attorney General Pam Bondi now have significant discretion to decide what records to release and what to keep under wraps.
While the law requires the department to make many of the documents related to child sex trafficker Jeffrey Epstein publicly available, there are provisions that allow them to withhold information that could be deemed sensitive or national security-related. This includes anything depicting child sexual abuse material, images of death or physical abuse, and classified information defined by a presidential executive order.
However, critics argue that these provisions will be used as a pretext to keep incriminating documents hidden from the public eye. Former White House attorney Ty Cobb believes that the administration will only release "a few innocuous productions" of documents that are already widely known, while omitting any potentially damaging information that could implicate high-ranking officials.
Law professor Caren Morrison agrees, suggesting that the administration will focus on releasing information that might embarrass Democrats who had connections to Epstein, but not anything related to Republicans. She also questions the rationale behind recent investigations into Epstein's relationships with Democratic politicians like former President Bill Clinton and LinkedIn founder Reid Hoffman, given that many of these crimes are well beyond the statute of limitations.
The new law sets up a situation eerily similar to the one in 1992, when the President John F. Kennedy Assassination Records Collection Act was passed, establishing a process for the release of files related to the assassination. However, unlike then, researchers now have a legal framework to sue the government over the release of documents.
As the Epstein files begin to emerge, organizations like Democracy Forward are already preparing to take action in court to force transparency. With Judge Tanya Chutkan's recent ruling confirming that the law does not make the issue moot, it seems clear that this will be a long and contentious battle for access to the truth.
While the law requires the department to make many of the documents related to child sex trafficker Jeffrey Epstein publicly available, there are provisions that allow them to withhold information that could be deemed sensitive or national security-related. This includes anything depicting child sexual abuse material, images of death or physical abuse, and classified information defined by a presidential executive order.
However, critics argue that these provisions will be used as a pretext to keep incriminating documents hidden from the public eye. Former White House attorney Ty Cobb believes that the administration will only release "a few innocuous productions" of documents that are already widely known, while omitting any potentially damaging information that could implicate high-ranking officials.
Law professor Caren Morrison agrees, suggesting that the administration will focus on releasing information that might embarrass Democrats who had connections to Epstein, but not anything related to Republicans. She also questions the rationale behind recent investigations into Epstein's relationships with Democratic politicians like former President Bill Clinton and LinkedIn founder Reid Hoffman, given that many of these crimes are well beyond the statute of limitations.
The new law sets up a situation eerily similar to the one in 1992, when the President John F. Kennedy Assassination Records Collection Act was passed, establishing a process for the release of files related to the assassination. However, unlike then, researchers now have a legal framework to sue the government over the release of documents.
As the Epstein files begin to emerge, organizations like Democracy Forward are already preparing to take action in court to force transparency. With Judge Tanya Chutkan's recent ruling confirming that the law does not make the issue moot, it seems clear that this will be a long and contentious battle for access to the truth.