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Glaring Loophole That Means Trump May Not Release All Epstein Files

November 20, 2025
in News, Politics
Glaring Loophole That Means Trump May Not Release All Epstein Files

President Donald Trump signed the law to release the full Epstein files, but Democrats warn there is more work to be done.

Lawmakers on both sides of the aisle hailed the passage of the Epstein Files Transparency Act as a victory for the convicted sex offender’s victims and the country, but it could just be the first step toward justice.

The legislation gives Attorney General Pam Bondi broad leeway on what information would be redacted, and Democrats already believe the administration will take full advantage.

No later than 30 days from the law’s enactment, the attorney general is directed to release all “unclassified records, documents, communications, and investigative materials” held by the Justice Department, FBI and U.S. Attorneys’ Offices.

Trump and Epstein
Trump and Epstein were once friendly, but the president claimed they fell out in 2004. The new law directs the release of records related to Epstein and Maxwell (far right), but Democrats have already predicted the administration could try to withhold information. Davidoff Studios Photography/Getty Images

It includes material related to Epstein and his accomplice Ghislaine Maxwell, as well as individuals named in connection to the disgraced financier’s crimes, businesses and institutions with known ties to Epstein’s trafficking or financial network, internal DOJ communications related to Epstein and more.

But Bondi, who has proven to be deeply loyal to Trump, has discretion to withhold some information.

“I fully expect that the attorney general and Trump will use every possible excuse for not releasing the files,” Senator Jeff Merkley, who introduced the bill in the Senate, told the Daily Beast.

As written, the law not only allows the attorney general to redact information that could help personally identify victims but also information that would jeopardize an active federal investigation or ongoing prosecution.

Under the Epstein Files Transparency Act, Attorney General Pam Bondi is directed to make all material available within 30 days upon its enactment, but the law allows for information to be withheld if it would compromise an active investigation. Critics warn the administration could use the provision to try and withhold material.
Under the Epstein Files Transparency Act, Attorney General Pam Bondi is directed to make all material available within 30 days upon its enactment, but the law allows for information to be withheld if it would compromise an active investigation. Critics warn the administration could use the provision to try and withhold material. Andrew Harnik/Getty Images

Before suddenly reversing course and declaring he supported Republicans voting for the bill over the weekend in the face of a growing GOP mutiny, Trump called for Bondi to investigate others’ associations with Epstein including Bill Clinton, Larry Summers, Reid Hoffman and the banks J.P. Morgan and Chase.

Bondi immediately jumped on it and announced she had asked U.S. Attorney Jay Clayton to take the lead despite the Justice Department stating in July that it did “not uncover evidence that could predicate an investigation against uncharged third parties.”

Merkley said the argument the administration would likely make to not release material is that it would compromise an investigation.

The Oregon Democrat said lawmakers will have to decide how to go about compelling the administration to make information available when the DOJ makes excuses, but he hopes it is a bipartisan effort after the overwhelming support for the bill’s passage.

Merkley suggested a third party could potentially review the case and help determine what would compromise an investigation rather than leaving it all in the hands of Bondi.

“I don’t know, but we’re going to have to cross that bridge when we come to it,” he said.

It was not just Democrats who acknowledged that the administration could attempt to withhold some material. Kentucky Senator Rand Paul, who co-sponsored the Epstein bill, also said it very well could happen.

Bondi was asked whether the new investigation by Clayton prevents the Justice Department from releasing all remaining files.

The attorney general did not directly answer the question but said they will “continue to follow the law and to have maximum transparency.”

She repeated almost the exact same line moments later when asked what the Justice Department would do to make the files available in the next 30 days, as the law directs.

While some lawmakers are concerned with how the administration will proceed, the House Oversight Committee investigation also continues.

Ranking Member Robert Garcia noted that there still is a subpoena compelling the Justice Department to turn over all documents to his committee.

While concerns have been raised about the president and attorney general withholding material due to an active investigation, the House subpoena for documents does not include the same language as the new law, so Bondi remains obligated to turn over all documents to the committee.

The post Glaring Loophole That Means Trump May Not Release All Epstein Files appeared first on The Daily Beast.

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