A federal judge on Wednesday denied a request by two members of Congress that would allow them to seek an independent monitor to ensure that the Justice Department follows a law requiring it to release its files on Jeffrey Epstein.
The judge, Paul A. Engelmayer of Federal District Court in Manhattan, ruled that he did not have the authority to supervise the Justice Department’s compliance with the law, and therefore could not grant the request by the two representatives — Thomas Massie, Republican of Kentucky, and Ro Khanna, Democrat of California.
Mr. Massie and Mr. Khanna wrote the law, the Epstein Files Transparency Act, which was enacted in November and required the department to release the files by Dec. 19. But more than a month after the deadline, only a fraction of the materials have been made public. The representatives, writing to the judge, said the department had “failed to meet the act’s requirements in multiple respects” and accused it of a “flagrant violation” of the law.
Judge Engelmayer said in a seven-page opinion that he had also received letters and emails from victims of Mr. Epstein supporting the representatives’ request for a neutral monitor.
Judge Engelmayer has overseen the case of Mr. Epstein’s longtime co-conspirator, Ghislaine Maxwell, whose files were also ordered to be released under the law.
In turning down the request by Mr. Massie and Mr. Khanna, the judge said the questions raised by the representatives and the victims were “undeniably important and timely.”
“They raise legitimate concerns about whether D.O.J. is faithfully complying with federal law,” the judge wrote.
Judge Engelmayer noted that the representatives could initiate a separate lawsuit that would request the appointment of a monitor, and they could use “the tools available to Congress” to seek oversight of the Justice Department’s compliance.
Benjamin Weiser is a Times reporter covering the federal courts and U.S. attorney’s office in Manhattan, and the justice system more broadly.
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