In a dramatic eleventh-hour reversal, President Donald Trump has urged House Republicans to support legislation that would authorize the release of the full Jeffrey Epstein files, a move that contradicts his previous attempts to suppress the documents.
Legislative Support and Potential Roadblocks
The House of Representatives was expected to pass the bill with strong bipartisan support on Tuesday, increasing pressure on the Senate to do the same. However, a critical provision within the bill could grant the president power to prevent the publication of specific documents, including those related to Trump himself and his connections to the late convicted sex offender.
Rep. Marjorie Taylor Greene, a Republican from Georgia and a former Trump loyalist, highlighted the uncertainty surrounding the bill's ultimate impact. She stated that the real test will be whether the Department of Justice, the CIA, or a New York judge will actually release the information.
Legal experts point out that Trump already possesses the authority to direct Attorney General Pam Bondi to release the Justice Department's entire collection of Epstein documents without new legislation. Neama Rahmani, a former federal prosecutor, called the legislative push a farce, noting that the DOJ can independently choose to release or contest the release of the files.
The Attorney General's Power to Withhold
Even if Trump signs the bill into law after it passes Congress, the full files may never see the light of day. The legislation includes a carveout that gives Attorney General Bondi significant discretion to withhold documents, particularly if they pertain to ongoing investigations.
This concern was voiced by Republican Rep. Thomas Massie of Kentucky, a co-sponsor of the bill. He suggested that the administration could use ongoing probes as a smokescreen to block the release. Massie appeared to reference Trump's recent request for Bondi to investigate prominent Democrats linked to Epstein, a probe she promptly initiated.
Legal analysts agree that this provision poses a major obstacle. Barbara McQuade, a former U.S. Attorney, stated that the exception gives Bondi a huge loophole to hide behind, potentially even for documents concerning Trump. Jeremy Paul, a law professor at Northeastern University, echoed this sentiment, expressing skepticism that the Trump administration would willingly release any information damaging to the president.
Precedent and Political Consequences
Trump's second term has been marked by a broad interpretation of executive power, such as his order for the Justice Department not to enforce the TikTok ban. Rahmani noted there is a legitimate concern that a similar approach could be taken with the Epstein files, where a law exists but is not enforced.
Despite these hurdles, Rahmani predicted the files would eventually be made public. However, he doubted their release would lead to new criminal prosecutions or civil liability, unless a previously unknown victim comes forward. The primary impact, he suggested, would be political consequences and reputational damage for individuals named in the documents.
The situation remains fluid, with the potential for the Epstein files to become a major political flashpoint, even if their legal implications are limited.