What to know about the upcoming Epstein files release
By Marshall Cohen, Holmes Lybrand, CNN
(CNN) — A new federal law requires the Justice Department to release by Friday a massive trove of investigative documents related to Jeffrey Epstein.
The release of the Epstein files, detailing the probes into the disgraced multimillionaire and sex offender who died in 2019, has attracted significant attention. The public has been captivated by Epstein’s lavish lifestyle, claims of underage sex trafficking, and his ties to President Donald Trump, former President Bill Clinton, celebrities and foreign dignitaries.
Veto-proof majorities in Congress passed a law last month requiring the Justice Department to release all of the Epstein-related files in its custody. Trump fought hard to stop the law but signed it after being outmaneuvered by a bipartisan groundswell of support from lawmakers and the public.
However, it’s unclear exactly which records will be made public and how much of the material will be new. Over the 20-year saga surrounding Epstein’s sex crimes, thousands of files have already been disclosed through civil litigation and public records requests.
Here’s what you need to know about the files:
Why is this happening now?
The law, called the Epstein Files Transparency Act, is only three pages long and spells out in simple language what the Justice Department must release and what it can withhold.
The federal government is required to release “searchable and downloadable” copies of “all unclassified records, documents, communications, and investigative materials” related to Epstein and Maxwell that are in the possession of the Justice Department or FBI.
The law explicitly calls for the release of travel logs, materials about Epstein’s associates, any related immunity deals, relevant corporate records, all internal Justice Department communications about the investigations, and documents about Epstein’s 2019 death.
What’s in DOJ’s Epstein files?
CNN has reported that there’s more than 300 gigabytes of data that lives within the FBI’s primary electronic case management system, called Sentinel. This includes videos, photographs, audio recordings and written records.
The FBI conducted two probes into Epstein. The first began in 2006 after sex abuse allegations emerged in Florida. That led to a non-prosecution deal in which Epstein avoided federal charges. Much of the same conduct was also scrutinized by the Palm Beach Police Department, leading to Epstein’s 2008 guilty plea on state charges. He would serve just 13 months in a Florida jail for state prostitution charges, though he was allowed to spend nearly half of that time on “work release” at his office.
The second FBI investigation led to Epstein’s federal sex trafficking indictment in 2019. The bulk of the “Epstein files” comes from that New York-based second FBI probe, though there are also materials from the first investigation in Miami, CNN previously reported.
What has DOJ said it may release?
The Justice Department has described in court filings the types of documents in its possession that it believes must be publicly released under the new law. However, the department warned that the list is “not entirely comprehensive” of what may be released.
The list says materials obtained from search warrants, and FBI affidavits supporting search warrants, will be released. The FBI notably raided Epstein’s homes in Florida, New York, and the private island that he owned in the US Virgin Islands, known as Little Saint James.
The list also mentions memos from FBI interviews with witnesses. CNN has reported that there are at least hundreds of pages of these memos, known as “302s.”
The list also includes financial records, bank records, travel logs from commercial and private flights, materials subpoenaed from Internet providers like Google, what’s referred to as “school records,” information from law firms representing victims, arrest reports, depositions from related civil lawsuits, immigration records, documents from the Palm Beach Police Department and forensic reports from seized dozens of Epstein’s electronic devices.
Federal judges have also paved the way for the Justice Department to release grand jury materials from the Epstein indictment, the Maxwell trial and the related probe in Florida.
But the grand jury files might not be all that illuminating. One of the judges wrote that nearly all of the grand jury material from the Maxwell case “was already a matter of public record” and that its disclosure “would not reveal new information of any consequence.”
What might be redacted?
The law says records can’t be “withheld, delayed, or redacted” due to concerns about “embarrassment, reputational harm, or political sensitivity.” And it explicitly says this applies to “any government official, public figure, or foreign dignitary.”
However, under the law, Attorney General Pam Bondi can “withhold or redact” portions of records that fall under five categories, as long as she publicly explains every redaction.
Those categories are: records that contain personally identifiable information about Epstein’s victims, materials depicting child sexual abuse, materials depicting physical abuse, any records that “would jeopardize an active federal investigation,” or any classified documents that must stay secret to protect “national defense or foreign policy.”
CNN reported that the FBI recovered thousands of nude and seminude photographs of young women at Epstein’s property in Manhattan. Those images will not be made public.
What won’t be in the release?
There are limits for what we’ll see. The Justice Department’s in-house files about the Epstein case only represent a portion of what exists in the entire Epstein-related universe.
For instance, the House Oversight Committee’s recent releases contained documents obtained from Epstein’s estate, including some materials that the FBI later said it had never seen before. Lawmakers are also pursuing bank records that might not be in the Justice Department’s existing cache of materials.
Naturally, this means there could be more disclosures even after the Justice Department’s highly anticipated document drop.
What are experts looking for?
Miami Herald reporter Julie K. Brown, a top expert on the Epstein saga, said she is keeping an eye out for drafts of un-filed indictments, tips from the public that the FBI received about Epstein, and internal emails and texts from the investigators who worked on the cases.
Others, including some Democratic lawmakers, have raised concerns about the possibility that the Trump administration will overzealously withhold or redact materials – particularly documents that make Trump look bad – due to the ongoing Trump-backed probe into Epstein’s associates.
Last month, Trump directed the Justice Department to investigate Epstein’s ties to several well-known Democrats, including former President Clinton. That probe is ongoing, though the Justice Department said back in July that its exhaustive review of the Epstein and Maxwell case files did not uncover enough evidence to charge any of their associates.
What have the victims said?
Some of Epstein and Maxwell’s victims have been wary of the Justice Department releasing grand jury and other materials, for fear of being named publicly. But others have supported the unsealing, if proper redactions are made to conceal names and identifying information.
One victim who testified during Maxwell’s trial supported the release provided such redactions are made. In a letter to the federal judge who presided over the case, the victim also voiced concern that the Justice Department might not release everything they have.
Others have been far more critical of the releases. When Democrats on the House Oversight Committee released a large tranche of documents from Epstein’s estate in November, a group of victims quickly lamented that names and other personal information was not redacted.
“Transparency cannot come at the expense of the privacy, safety, and protection of sexual abuse and sex trafficking victims,” lawyers for the victims wrote in a letter to the judge in the Maxwell case, adding that they “already suffered repeatedly, both at the hands of their abusers as well as by the actions of the media and inactions on the Government.”
The judge who presided over Maxwell’s case, Paul Engelmayer, also criticized the Justice Department’s handling of victims during the months-long debate over whether to release more of the files. He said in one ruling that the Justice Department, “although paying lip service to Maxwell’s and Epstein’s victims, has not treated them with the solicitude they deserve.”
The Justice Department has said in court filings that, in anticipation of the release, it has coordinated closely with known victims and was trying to reach lawyers for more victims. However, CNN reported Tuesday that some Epstein survivors haven’t received any outreach from the Justice Department ahead of the files’ release.
What has already been released?
A deluge of files, memos, transcripts and other documents surrounding the Epstein saga have already been released through Maxwell’s 2021 criminal trial, public records requests over the years, Justice Department reports, and numerous civil lawsuits.
Such documents released by the Justice Department include their findings from an internal investigation into the 2008 non-prosecution agreement with Epstein, which the DOJ now says was wholly improper, as well as the department’s inspector general’s report on Epstein’s suicide at a federal prison in Manhattan.
Earlier this year, Trump appointees at the Justice Department and FBI released a batch of declassified Epstein files investigators had gathered. The information from those files, however, was largely already public and the Trump administration has been heavily criticized by supporters and detractors for the bungled release ever since.
The Justice Department released hundreds of pages from its controversial sit-down interview with Maxwell earlier this year, where she defended her actions and even criticized some of the victims.
More recently, members of the House Oversight Committee released multiple tranches of files and photographs from Epstein’s estate.
CNN’s Kara Scannell contributed to this report.
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