'DOJ Cannot Be Trusted,' Say Khanna and Massie, Seeking Special Master for Epstein Files
"The most urgent need now is for the DOJ to produce all the documents and electronically stored information required by the act."
The congressmen behind the Epstein Files Transparency Act on Thursday asked a federal judge to appoint a "special master and/or independent monitor" to ensure that the Trump administration actually releases the documents from the trafficking case against deceased sex offender Jeffrey Epstein, as required by the new law.
Reps. Ro Khanna (D-Calif.) and Thomas Massie (R-Ky.) led the monthslong congressional effort to pass the legislation, which Trump—a former friend of Epstein who's repeatedly mentioned in the files—signed in November. Since then, the US Department of Justice (DOJ) has published some heavily redacted materials but blown the December 19 deadline to release everything.
"We have offered for six months to meet with the Justice Department to help them get the right documents out, and we're now going to be intervening with the Southern District of New York (SDNY) to ask those judges to appoint a special master and ensure that all the documents are released," Khanna told NPR last week.
Khanna and Massie did so with a Thursday letter to Judge Paul Engelmayer, writing to the appointee of former President Barack Obama that "we have urgent and grave concerns about DOJ's failure to comply with the act as well as the department's violations of this court's order."
As MS NOW—which initially reported on the letter—explained, "Engelmayer oversees the case involving Ghislaine Maxwell, and last month, the Justice Department obtained Engelmayer's permission to release grand jury materials and other evidence provided to Maxwell in discovery that were redacted or sealed per a court order."
On December 24, the DOJ announced that it had received over a million more documents from the Federal Bureau of Investigation and SDNY "to review them for release, in compliance with the Epstein Files Transparency Act, existing statutes, and judicial orders." The department added then that "due to the mass volume of material, this process may take a few more weeks."
Khanna and Massie noted in their letter that the DOJ's most recent court filing on Monday states the department has only produced "approximately 12,285 documents (compromising approximately 125,575 pages)" and there is still "more than 2 million documents potentially responsive to the act in various phases of review."
As the lawmakers pointed out: "Other reports suggest that the DOJ may be reviewing more than 5 million pages. Because these figures are self-reported and internally inconsistent with prior representations, there is reasonable suspicion that the DOJ has overstated the scope of responsive materials, thereby portraying compliance as unmanageable and effectively delaying disclosure."
According to their letter:
The conduct by the DOJ is not only a flagrant violation of the mandatory disclosure obligations under the Epstein Files Transparency Act, but as this court has recognized in its previous rulings, the behavior by the DOJ has caused serious trauma to survivors.
In addition, the DOJ has not complied with Section 3 of the act, which requires the attorney general, within 15 days of the deadline for release, to submit a report to the House and Senate Judiciary committees identifying the categories of records released and withheld and summarizing all redactions and their legal bases. To date, no such report has been provided. Without it, there is no authoritative accounting of what records exist, what has been withheld, or why, making effective oversight and judicial review far more difficult.
Put simply, the DOJ cannot be trusted with making mandatory disclosures under the act.
Khanna and Massie added that "while we believe that criminal violations have taken place and must be addressed, the most urgent need now is for the DOJ to produce all the documents and electronically stored information required by the act."
The pair has threatened to bring inherent contempt proceedings against US Attorney General Pam Bondi. Asked about that on Tuesday, Massie told MS NOW that they were assessing the situation and still hoped for DOJ compliance.
"Hopefully, we don't have to do it," the congressman said. "But when we feel like we need to do it, we'll do it."
