Here's Why The Epstein Files Have Been Delayed - and What Happens Next
Under mounting public and political pressure and with a statutory deadline already blown, the release of the long-awaited Epstein files has slid from a forced promise of transparency into a bruising legal and political standoff, with the Department of Justice now arguing that the very law designed to provide disclosure gives courts no power to compel it to do so.
The push to unseal the records did not come out of nowhere. For years after Jeffrey Epstein’s death in federal custody in 2019, accusers, journalists, and politically motivated lawmakers seeking to exploit the Epstein Scandal to attack their political rivals had pressed the government to explain how a well-connected sex offender was repeatedly investigated, quietly accommodated, and ultimately allowed to die before facing trial. Court filings, inspector-general reports, and civil lawsuits exposed fragments of the story, but the bulk of the federal government’s own records remained sealed, scattered across FBI field offices, U.S. attorney archives, and Justice Department servers.
What changed was politics. In late 2025, a rare bipartisan alliance formed around the idea that the Epstein case had become a symbol of elite impunity. Lawmakers, mostly Democrats seeking to find information to use to impeach Donald Trump, argued that public confidence in the justice system required radical transparency, not selective disclosures filtered through years of litigation. The result was the Epstein Files Transparency Act, passed overwhelmingly by the House and cleared in the Senate without objection. When President Trump signed it into law in November, supporters described it as a clean, simple mandate: release all unclassified Department of Justice records relating to Epstein, quickly and in full.
Controversial Representative Thomas Massie, one of the law’s sponsors, said at the time that the legislation was meant to leave “no wiggle room.” The public, he argued, had waited long enough. “If the government has files on Epstein, and those files aren’t classified, the American people have a right to see them,” he said in floor remarks shortly before the bill passed.
The statute itself was blunt. It ordered the attorney general to make all unclassified Epstein-related records publicly available within 30 days. It did not require a request. It did not invite negotiation. It was not framed as a discretionary transparency effort. For many observers, that 30-day deadline became the centrepiece of the story, a clear clock ticking down toward a dramatic disclosure.
But inside the Justice Department, the law triggered alarm as much as compliance planning. Officials privately warned that the Epstein material was vast, chaotic, and deeply sensitive. Concerns were also raised over how the material already released had been handled, with emails and photographs released without any context, salacious headlines written to mislead the public and smear innocent parties, and politicians intentionally deceiving the public and using the scandal as a political weapon. The files spanned decades, involved multiple jurisdictions, and contained information about victims, witnesses, and uncharged individuals. Even unclassified records, they cautioned, would require extensive review to avoid violating privacy laws, grand jury secrecy rules, and ongoing investigative constraints.
When the deadline arrived in December, the DOJ released its first tranche of files. The department described the release as a “significant initial production.” Critics immediately called it something else: a fraction. Thousands of documents appeared on a new public portal, but many were heavily redacted, repetitive, or already known from prior reporting. Police reports from Florida, scanned photographs, and internal emails with large blacked-out sections dominated the initial dump.
Within days, irresponsible, fact-resistant media coverage exploded. Headlines declared that powerful figures were “named” or “mentioned” in the files, and social media was filled with screenshots stripped of context. Yet legal analysts and investigative reporters noted that much of what was being circulated was not new evidence, but old references resurfacing in government archives. The release, they warned, was feeding speculation without clarity.
Behind the scenes, the Justice Department acknowledged a much larger problem. In a court filing in early January, prosecutors disclosed that the material subject to the act could amount to millions of pages. According to the department, more than 500 personnel had been assigned to the review effort, working across multiple components of the DOJ. Even so, officials conceded that what had been released so far represented well under one percent of the total universe of Epstein-related records.
That admission hardened congressional anger. Massie and Representative Ro Khanna, the law’s co-sponsor, accused the department of slow-walking compliance and undermining the statute’s intent. In a filing submitted to a federal court overseeing Epstein-related matters, the lawmakers asked a judge to intervene, arguing that the DOJ could not be trusted to police itself.
Meanwhile, in a clear conflict of interest, lawyers of Epstein’s accusers admitted that they were working ‘pro bono’ with House Democrats to orchestrate the campaign to release the files, and thus place pressure on Trump. These same lawyers, who have made millions from the scandal, have another motive. With ongoing lawsuits against high-profile banks set to pocket them tens of millions of dollars to add to their personal wealth, the release of the files, and more importantly, the salacious headlines sure to accompany them, are needed to place pressure on the banks they are going after - enough pressure to force them to settle out of court.
“Congress passed this law because the Department of Justice has repeatedly failed to be transparent in this case,” Massie, who has been accused of exploiting the scandal solely to attack Trump, said in a statement after the filing. “Now they are effectively telling the public, ‘Trust us, we’ll get to it when we get to it.’ That is not what the law says.”
The Justice Department’s response was striking not for its tone, but for its legal theory. In a detailed brief submitted to the court this month, DOJ attorneys argued that the judge lacked authority to do anything at all. The Transparency Act, they said, creates an obligation to release records, but it does not create a cause of action, does not confer standing on members of Congress, and does not empower courts to supervise compliance.
“The Court lacks the authority to enter the requested relief,” the government wrote. Citing Supreme Court precedent, DOJ lawyers argued that when Congress passes a statute without explicitly authorising judicial enforcement, courts cannot step in to create one. The department emphasised that it was actively working to comply with the law, but insisted that compliance could not be accelerated or overseen through judicial mandate.
In plain terms, the DOJ is now saying this: yes, Congress told us to release the files, but no, Congress did not give anyone the legal power to force us to do it on a particular timeline.
Legal scholars note that Congress often relies on good-faith executive compliance rather than explicit enforcement mechanisms, particularly when dealing with the executive branch itself. But critics argue that in a case as politically charged as Epstein’s, that assumption has collapsed.
Khanna accused the department of hiding behind technicalities. “The spirit of this law was unmistakable,” he said in a recent interview. “The public is owed answers, and the DOJ is using procedural arguments to delay disclosure. That’s unacceptable.”
The department, for its part, has framed the issue as one of practicality, not defiance. In public statements and court filings, DOJ officials have stressed the complexity of the review process. They have pointed to federal laws protecting crime victims, rules governing grand jury material, and the risk of releasing information that could prejudice ongoing or related investigations.
There is also another concern that I’m sure will be playing heavily on their minds. In the files, as I know, numerous famous individuals are mentioned - accusations made against them by Epstein’s accusers long ago, now sitting in witness statements and interview transcripts. The fact that most of these accusations have been debunked in the many years that have passed since they were made, or indeed that some of the accusers admitted they lied, will undoubtedly not be mentioned in the context-absent coverage of the accusations once the files are released.
In other words, more innocent men and women will be smeared by the press and public.
“The danger here is that people assume the presence of a name implies wrongdoing,” said one investigative reporter who has covered Epstein for years. “These are government files, not verdicts. Without timelines, explanations, and cross-referencing, the story gets distorted.”
“We are committed to complying with the Transparency Act,” a DOJ spokesperson said this week. “However, the volume of records and the need to carefully review them for legally protected information mean that this process cannot be completed overnight.”
As of mid-January, the Justice Department has not provided a firm estimate for when the full release will be completed. Officials have acknowledged that millions of pages remain under review, but have avoided committing to a month or even a year. The department has promised periodic updates, but those updates have so far offered little more than assurances of continued effort.
“The government had years to prepare for this,” one Epstein accuser said. “Every delay sends the message that powerful institutions are still protecting themselves.”
The legal question now before the court is narrow but consequential. Can a judge step in to enforce a transparency law when Congress did not explicitly say how it should be enforced? If the answer is no, the Epstein Files Transparency Act may prove to be less a mandate than a moral statement, dependent entirely on the executive branch’s willingness to act swiftly and fully.
If the court declines to intervene, lawmakers have hinted at next steps, including hearings, subpoenas, and potential amendments to the law to add explicit enforcement provisions. Massie has suggested that Congress may have to “clarify what should have been obvious from the start.”
For now, the Epstein files remain in a kind of legal purgatory. A small portion is visible, enough to fuel misleading, politically heated headlines and controversy, but the vast majority remains unseen. The Justice Department insists it is complying with the law. Its critics insist it is stalling. And the law itself, hailed just weeks ago as a triumph of transparency, is now being tested in the very way its authors hoped to avoid.
What was supposed to be a definitive reckoning has instead become another chapter in the Epstein saga, one defined not by what the public has learned but by politics and what it is still being told to wait for.
Tomorrow I’ll be publishing a report that adds context to the Epstein files released so far - emails, photographs of famous faces, and the truth behind the headlines.