A federal judge’s “unexpected” demand to Attorney General Todd Blanche regarding the Epstein files proves a bedrock judicial principle is “on life support,” a legal expert argued Sunday.
Federal Judge Emmet Sullivan gave Blanche five days to provide the court with unredacted versions of certain Epstein-related files for private review as it litigates a lawsuit filed by lawyer and media figure Katie Phang. Phang sued Blanche for allegedly violating the Epstein Files Transparency Act by unlawfully redacting certain files.
Blanche provided the court with an explanation as to why certain files were redacted, but Sullivan, doubting Blanche’s explanation, demanded he provide proof supporting his claims. Such a demand, as noted by Joyce Vance, former U.S. attorney for the Northern District of Alabama, demonstrated how the Trump administration had all but gutted the key judicial principle known as the “presumption of regularity.”
“It was commonly used to advance the idea that in the absence of evidence to the contrary, courts should presume government employees, including DOJ lawyers, acted properly in the execution of their duties. Now it’s on life support and Judge Sullivan’s order is another nail in its coffin,” Vance wrote in an analysis published Saturday on her Substack.
“This most recent order suggests that Judge Sullivan doesn’t believe the government when it says something is the case, even when that ‘something’ is as simple as the identity of the person in a ‘to’ line in an email. But the government has acted like it has something to hide, even after Congress passed the Transparency Act and Trump signed it into law.”
Specifically, Phang has raised doubts that redacted names on a handful of Epstein-related files were lawfully withheld. The Justice Department (DOJ) has claimed the redactions in question were permitted under the Epstein Files Transparency Act, but Sullivan is refusing to take the DOJ at their word.
“So the Judge isn’t accepting what the government has represented to it as truthful, and is requiring documentation to support its claims,” Vance wrote.
“Under any other president, the Attorney General would have been disturbed by the suggestion prosecutors couldn’t be trusted. There would be disciplinary review. But here, the acting Attorney General is the defendant in the case. It’s paradigmatic of how far DOJ has fallen.”
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