How the Trump administration can keep some Epstein files secret under the new bill

[Thiệu Ngô]

The Justice Department could cling to exceptions for withholding or redacting information related to Jeffrey Epstein and his associates.

By Lisa Rubin

With the Senate’s sudden approval on Tuesday of the bill to release the Jeffrey Epstein files after its passage in the House, President Donald Trump’s signature would seem to be the only thing standing in the way of finally releasing all of the Justice Department’s files on the subject. After all, the bill mandates that “all unclassified records, documents, communications, and investigative materials” in the department’s possession related to the late disgraced financier be made publicly available.

But a closer look at the bill reveals that “all” doesn’t really mean “all.”

In fact, the administration has much to work with in the bill’s exceptions to the rule requiring disclosure.

Even as Attorney General Pam Bondi suggested at a press conference on Wednesday that the government had “new information, additional information” and promised to “investigate any leads” and “provide maximum transparency under the law,” the bill says that the attorney general “may withhold or redact” records across several categories listed in the bill. That includes material that “would jeopardize an active federal investigation or ongoing prosecution,” which is notable in light of Trump’s recent command to investigate Democrats tied to Epstein. The bill says that any withholding of information on grounds of active investigations or ongoing cases must be “narrowly tailored and temporary,” but the bill seems to leave that determination to the attorney general herself. A broad investigation by the Justice Department could have far-reaching implications for keeping records secret.

Another potential exception to what can be released is information related to “national defense or foreign policy.” The bill says that such information would need to be classified pursuant to executive order.

The bill also says that records can’t be withheld or redacted for reasons of “embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary.” But that section could conflict with exceptions for disclosure, depending on what exactly is in the files.

All of this raises the question of what sort of oversight exists for this process, especially given Trump’s relationship with Epstein, his apparent discomfort with discussing that relationship, and an administration that enforces his will.

While there’s no guaranteed safeguard against the administration corrupting the process, the bill does require Bondi to explain some of her work. In addition to requiring release of the files within 30 days of the bill’s enactment, it makes the attorney general send a report to the House and Senate judiciary committees within 15 days of release. In that report, Bondi must include all categories of records released and withheld, a summary of redactions and their legal basis and a list of “all government officials and politically exposed persons named or referenced in the released materials.”

The bill says all redactions “must be accompanied by a written justification published in the Federal Register and submitted to Congress.” And it adds that all decisions “to classify any covered information after July 1, 2025 shall be published in the Federal Register and submitted to Congress, including the date of classification, the identity of the classifying authority, and an unclassified summary of the justification.”

So if Trump signs the bill, we will be looking at what information is released within a month. But we’ll also want to keep a close eye on the explanations the administration gives for what it has deemed fit to keep secret.