DOJ Suddenly Barred Congress From Release of Epstein Records Despite Transparency Act

The Epstein files remain at the centre of significant public and congressional controversy in the US due to their highly sensitive nature. Public pressure has increased for the full release of Jeffrey Epstein's records, as the case allegedly involves numerous high-profile figures, including politicians. Although the government initially authorised their disclosure, critics argue that key details were excluded from the materials made public.

Rather than grant wider access to documents related to the Jeffrey Epstein and Ghislaine Maxwell investigations, the US Department of Justice (DOJ) has asserted that neither Congress nor any court can force the release of the controversial records, even with the Epstein Files Transparency Act in place. The department has released just 12,000 documents out of more than two million under review, prompting accusations of non-compliance from lawmakers who co-sponsored the legislation.

DOJ Rejects Court Intervention

On 16 January 2026, US Attorney Jay Clayton sent a letter to Judge Paul A Engelmayer in New York directing him to decline a request by congressional co-sponsors of the Epstein Files Transparency Act to appoint a neutral expert to oversee the department's release of Epstein-related records. The US Attorney for the Southern District of New York argued that the federal judge 'lacks the authority' to make such an appointment, insisting the request should be denied.

The stance represents a clear rebuff to lawmakers pushing for court involvement in the Epstein Files case. California Representatives Ro Khanna, a Democrat, and Thomas Massie, a Kentucky Republican, who co-sponsored the legislation, have been pushing for wider public access to FBI and DOJ records related to the high-profile cases.

Transparency Act Yields Minimal Results

The law enacted in late 2025 directed the Justice Department to publicly release all unclassified records, documents, and investigative files on alleged trafficking networks of Jeffrey Epstein, including those related to Ghislaine Maxwell, who has been identified as his accomplice. Despite the Act's mandate, the DOJ has published only a small portion of the controversial files, equating to roughly 12,000 documents out of more than two million under review.

Critics say this represents less than 1 per cent of the total and have accused officials of non-compliance and potential wrongdoing in handling the materials. Rep Khanna and Rep Massie filed a request for the court to appoint an independent monitor to ensure the department follows the Transparency Act's mandates and releases documents efficiently and fully.

Legal Basis for Refusal

The lawmakers stated in their filing that they have 'urgent and grave concerns' over the slow release of just a small portion of the files that started last month. They also claimed heavy redaction of files has caused 'serious trauma to survivors' and may have violated the law's intent.

Clayton said a judge cannot appoint a monitor or oversee the process because the Transparency Act does not include an enforcement mechanism in a criminal case. As a result, he argued there is no clear legal basis for a court to compel the DOJ to take action.

The DOJ asserted that congressional representatives are not in a legal position to seek court remedies in this situation. Federal prosecutors also pointed out that Ghislaine Maxwell's conviction for sex trafficking was upheld by the appeals court and was declared 'closed' after the Supreme Court denied a review, emphasising it is no longer an active criminal matter. Moreover, since the lawmakers are not direct parties to that case, the DOJ stressed they cannot intervene in a judge's proceedings.

Privacy Concerns Cited for Delays

The DOJ maintains that protecting the victims' privacy and the need for careful review of sensitive material explain the slow pace and heavy redactions in the release of the Epstein files. Officials say they will keep the court informed of any progress but have not set a clear timeline for the full release of the files.