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"Not national security that has anything to do with the national defense or harm to the nation," said independent journalist Ken Klippenstein. "But the self-serving kind that protects the system from the people."
After its near-unanimous approval in Congress and following months of sustained public pressure, President Donald Trump signed a law on Wednesday releasing the files from the FBI's investigation into the late sex trafficker Jeffrey Epstein.
The law is called the "Epstein Files Transparency Act," but critics fear that a key provision could allow the US Department of Justice to keep critical information from coming to light.
The law requires Attorney General Pam Bondi to "make publicly available in a searchable and downloadable format all unclassified records, documents, communications, and investigative materials" related to the investigations into Epstein and his partner and coconspirator Ghislaine Maxwell within the next 30 days.
But critically, it gives Bondi expansive power to redact large amounts of information, potentially burying material that may be incriminating to the president, whose relationship with the disgraced financier has become the subject of greater speculation with each new set of documents released.
One provision allows Bondi to redact documents to strike information that "would jeopardize an active federal investigation or ongoing prosecution." Last week, Trump ordered Bondi to open investigations into Epstein's connections with several prominent Democrats: Among them are former President Bill Clinton, former Treasury Secretary Larry Summers, and Democratic donor Reid Hoffman.
Lawmakers have raised fears that these investigations were enacted to give Bondi greater leeway to scrub information from the record. On Monday, Rep. Thomas Massie (Ky.), the law's Republican cosponsor, warned that the DOJ "may be trying to use those investigations as a predicate for not releasing the files."
But another largely overlooked section may give her even more sweeping authority. The law states that information may also be redacted "if the attorney general makes a determination that covered information may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security." It also allows her to redact information deemed "to be kept secret in the interest of national defense or foreign policy."
While the law requires Bondi to issue a written justification for each piece of redacted information and also clarifies that no file 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," it does not define the criteria Bondi must use to determine whether something is in the interest of America's "national security," "national defense," or "foreign policy."
"One glaring loophole will prevent full transparency: It’s called national security," wrote independent journalist Ken Klippenstein Monday, as the House moved toward a vote on the files. "Not national security that has anything to do with the national defense or harm to the nation, but the self-serving kind that protects the system from the people by depriving them of information."
There are many cases in recent memory of the US using national security as a justification to withhold information from the public. Earlier this year, the Trump administration used its "state secrets" privilege to deny a judge's request to turn over information related to its extrajudicial deportation flights to El Salvador, arguing that it would compromise its diplomatic relations with that country. Meanwhile, past administrations have used national security to justify keeping the public in the dark about everything from the military's use of torture to the government's mass surveillance of American citizens.
While the primary interest in Epstein surrounds his alleged role in facilitating a sex trafficking ring for the political and economic elite, there are clear cases where the government could attempt to use national security as a justification to keep information hidden.
For example, recent documents have revealed the extent of his involvement with foreign intelligence and dealmaking. Drop Site News has reported extensively on Epstein's long history working as an informal fixer for former Israeli Prime Minister Ehud Barak to secure deals with several foreign nations that benefited Israel and attempted to shape global politics, including in the United States, to its interests.
Klippenstein has also raised concerns about the inclusion of the word "unclassified" in the bill, which he noted "is an official word that in theory only exists when it comes to national security matters; that is, that the release of such information could cause 'harm' to national security."
He said he asked Massie and the law's Democratic cosponsor, Ro Khanna (Calif.), for comment on why that word was included at all since the law does not relate to national security. Neither responded.
But Massie told journalist Michael Tracey back in September that a similar provision to redact info related to “national defense” was included because, "You have to put that in there if you’re going to get them to sign it."
House Speaker Mike Johnson (R-La.), who fought against the release of the files until the bitter end but ultimately voted for the bill along with all but one member of the House, invoked what he called "national security concerns" in a last-ditch effort to stop the discharge petition that brought the Epstein bill to the House floor.
It echoed what Bondi herself said back in March when asked on Fox News why any information besides victims' names would need to be stricken from the record: "Of course, national security."
"If large sections of the files remain redacted or withheld, the public may face a truncated version of 'transparency,' one that protects many of the powerful rather than exposes them," wrote independent journalist Brian Allen. "This is not just a story about Epstein. It is a stress test of our system of accountability."
The next time you hear that Trump has somehow reversed his earlier resistance to releasing the Epstein files, remember that he hasn’t. He could have ordered their disclosure long ago; he never needed a congressional resolution compelling it.
Jeffrey Epstein may have committed suicide in 2019, but he remains an albatross around President Donald Trump’s neck. During the 2024 campaign, Trump promised to release all of the Justice Department’s Epstein files. As president, he could honor that pledge with the stroke of a social media post. Instead, he has done everything in his power to prevent such disclosure.
Some pundits claim that Trump has finally reversed his earlier resistance to releasing the files. He hasn’t. Rather, he has deployed yet another strategy to achieve his true objective—continued secrecy. And he’s relying on his faithful sycophant, Attorney General Pam Bondi, to execute it.
Back in July, Bondi’s Justice Department, together with FBI Director Kash Patel, declared that after an exhaustive review of the entire file, the investigation into Epstein’s sex trafficking of minors was over: “We did not uncover evidence that could predicate an investigation against uncharged third parties.”
The department would release no additional materials from the Epstein files: “No further disclosure would be appropriate or warranted.”
As Trump’s MAGA base erupted over his administration’s refusal to release the files, he lashed out at fellow Republicans. He called supporters clamoring for greater transparency “stupid,” “foolish,” and victims of a “Democrat hoax.”
It didn’t work.
MAGA’s anger grew. So Trump directed Bondi to ask that the courts release the grand jury transcripts in the cases against Epstein and his coconspirator, Ghislane Maxwell.
It was a ruse. Trump and his lawyers knew that the courts were not likely to release the material, which was a tiny fraction of the DOJ file anyway. Sure enough, they didn’t. And several judges wrote blistering opinions exposing the farce and blasting Bondi for pursuing the effort.
Bondi’s next ploy on Trump’s behalf was the production of documents in response to a subpoena from the House Oversight Committee. It turned out that only 3% of the 20,000 documents was new. And courts had confirmed that there were 100,000 documents in the Epstein files. Where were the rest?
A Democrat won the Arizona special election to the US House of Representatives. As a result, a discharge petition on the resolution demanding disclosure of the Epstein files would now have the crucial 218th signature required to force a vote on the House floor.
But Trump’s lackey in the House, Speaker Mike Johnson (R-La.), refused to swear in the newly-elected member. He claimed that because the House was in recess due to the government shutdown, he could not admit her. It was a subterfuge that gave Trump time to twist arms in an effort to change votes.
Three Republicans had sided with the Democrats to reach the 218-vote threshold required to move the Epstein resolution forward in the House. Bondi and Patel met with one of them, Rep. Laura Boebert (R-Colo.), in the White House Situation Room. A second target was Nancy Mace (R-S.C.). Trump attacked the third GOP defector, Rep. Marjorie Taylor Greene (R-Ga.), publicly: He withdrew his endorsement and called her “wacky,” “a disgrace,” “a traitor,” and “a nuisance.”
None of the Republicans budged. Trump was going to lose the House vote.
Faced with the reality that he couldn’t stop the House from passing the resolution requiring release of the Epstein files, Trump said that he would sign the resolution after it passed the Senate.
That’s a ruse too. And once again, he turned to Bondi for another escape hatch. In a social media post, Trump declared:
I will be asking A.G. Pam Bondi, and the Department of Justice, together with our great patriots at the FBI, to investigate Jeffrey Epstein’s involvement and relationship with Bill Clinton, Larry Summers, Reid Hoffman, J.P. Morgan, Chase, and many other people and institutions, to determine what was going on with them, and him.
Only 217 minutes later, Bondi responded:
Thank you, Mr. President. SDNY U.S. Attorney Jay Clayton is one of the most capable and trusted prosecutors in the country, and I’ve asked him to take the lead. As with all matters, the Department will pursue this with urgency and integrity to deliver answers to the American people.
Now the punchline: The Justice Department will not release materials relating to an active investigation. The investigations that Trump has ordered could well suffice. Jay Clayton, who has no criminal law experience but enjoyed a stellar pre-Trump reputation as a corporate partner in the elite firm, Sullivan & Cromwell, now faces a crucial test of character.
The stated basis for the DOJ rule is that disclosure could compromise the investigative process. Never mind that in July, Bondi said that the department’s thorough investigation of the entire file “did not uncover evidence that could predicate an investigation against uncharged third parties.”
And the department can release—or not release—whatever it chooses. There is no meaningful enforcement mechanism. If DOJ withholds Epstein material related to Trump, the public will never know, unless there’s a whistleblower somewhere. But Trump, Bondi, and Patel have purged the top ranks of the Justice Department of anyone who is not a Trump loyalist.
The next time you hear that Trump has somehow reversed his earlier resistance to releasing the Epstein files, remember that he hasn’t. He could have ordered their disclosure long ago; he never needed a congressional resolution compelling it.
But Pam Bondi has reversed her position that the files contain nothing that warrants further investigation of anyone associated with Epstein.
Leading America’s Department of Justice is someone whom no one can trust—except Donald Trump.
"I have never seen a more scathing opinion, with this many errors, in any criminal case I have ever covered," said one legal reporter.
The attorney handpicked to prosecute President Donald Trump's enemies may have "tainted the grand jury proceedings" against former FBI Director James Comey by making multiple false statements, said a federal judge Monday.
In a 24-page ruling, Federal Magistrate Judge William E. Fitzpatrick said that the Department of Justice (DOJ) engaged in a “disturbing pattern of profound investigative missteps” when moving to secure the indictment of the former FBI director in September, following a direct order from Trump to Attorney General Pam Bondi.
As a result, Fitzpatrick granted what he called an "extraordinary remedy," requiring all grand jury materials in the case, including audio recordings of the grand jury proceedings, to be made available to the defense. Typically, information from a grand jury indictment is kept secret until it is revealed at trial. But Fitzpatrick said the "unique circumstances" made it necessary to release it "to fully protect the rights of the accused."
The most glaring of these missteps were made by Lindsey Halligan, the interim US attorney for the Eastern District of Virginia. Despite being a former insurance lawyer who'd never prosecuted a criminal case, she singlehandedly brought the indictment before the grand jury, which accused Comey of lying to the Senate Judiciary Committee in 2020 about whether he authorized someone at the FBI to serve as an anonymous source in news reports regarding the bureau's investigation of Hillary Clinton.
Despite her lack of experience, Halligan—a former contestant in one of Trump's beauty pageants—was plucked from obscurity to serve as the interim US attorney for Comey's home district after Trump pushed out her predecessor, who refused to bring charges against Comey due to lack of evidence.
Comey and New York Attorney General Letitia James, another of Trump's enemies who Halligan has brought charges against, last week successfully got a different judge to hear their argument that Halligan was unlawfully appointed to her position.
Fitzpatrick said his decision to open up grand jury materials in the Comey case came in part because of two "fundamental misstatements of the law" made by Halligan, that he said "could compromise the integrity of the grand jury process" and potentially rise to the level of "misconduct."
Halligan asserted that Comey did not have the Fifth Amendment right not to testify, which Fitzpatrick wrote “ignores the foundational rule of law that if Mr. Comey exercised his right not to testify, the jury could draw no negative inference from that decision."
He also said that a separate statement made by Halligan, which remains redacted, "may have reasonably set an expectation in the minds of the grand jurors that rather than the government bear the burden to prove Mr. Comey's guilt beyond a reasonable doubt at trial, the burden shifts to Mr. Comey to explain away the government's evidence."
Fitzpatrick said the prosecutor also made the highly unusual argument that the grand jury did not have to rely solely on evidence presented in the government's indictment—which was a measly page-and-a-half long—to determine probable cause. Instead, Fitzpatrick said, Halligan suggested the jury "could be assured the government had more evidence–perhaps better evidence–that would be presented at trial."
That interpretation aligns with the criticism Fitzpatrick voiced at a hearing earlier this month, calling out the Trump DOJ's “indict first, investigate later” approach to these political prosecutions.
Fitzpatrick further suggested that Halligan and the DOJ violated the Fourth Amendment by relying on evidence sourced from FBI search warrants executed in 2019 and 2020 during a separate case against one of Comey's former attorneys, Daniel Richman, whom the indictment alleged was the source Comey authorized to speak to the media.
"Under long-standing Fourth Amendment precedent," Fitzpatrick wrote, "the government may search for and seize only those materials expressly authorized by the terms of a search warrant issued in connection with specific predicate offenses."
Fitzpatrick also wrote that an FBI agent called to testify before the grand jury may have exposed information subject to attorney-client privilege between Comey and Richman, which he called a "highly irregular and a radical departure from past DOJ practice."
"I have never seen a more scathing opinion, with this many errors, in any criminal case I have ever covered," said Sarah Lynch, who covers the DOJ for Reuters.
The order may result in the case being thrown out of court entirely before even getting to trial, and the DOJ would be unable to bring it again, with or without prejudice, as the statute of limitations has expired.
If it is found that Halligan was improperly appointed to her position, the case would also fall apart since she was the only attorney who signed the indictment, though Bondi has retroactively claimed she reviewed the document even though she never signed it. It would also potentially derail the case against James.
MSNBC legal analyst Glenn Kirschner said that "given today’s ruling... it’s becoming increasingly difficult to see how the indictment does not get dismissed."