A federal judge warned Attorney General Todd Blanche Wednesday that he could face contempt proceedings if the Department of Justice fails to comply with an order involving the release or review of Epstein files.
The case could force the DOJ to release additional Epstein records or remove redactions that a court determines are not permitted under the law.
The Warning
US District Judge Emmet Sullivan wrote in a 20-page order Wednesday that a civil contempt charge would be “premature” for now, but warned it could become appropriate if Blanche fails to comply with the court’s renewed order.
“[C]ourts have the inherent power to enforce compliance with their lawful orders through civil contempt,” Sullivan wrote. “A contempt finding is proper where ‘the putative contemnor has violated an order that is clear and unambiguous’ and the violation of an order is ‘proved by clear and convincing evidence.'”
A DOJ spokesperson told Axios: “Our filings will speak for themselves. We have already shown the Judge proof of redacted victim names and established that the plaintiff in this case seeks to unmask victim names.”
The Lawsuit
Independent journalist Katie Phang brought the lawsuit, alleging the DOJ has not released all documents required under the Epstein Files Transparency Act, which Congress passed last November.
Sullivan said last month he did not want to start contempt proceedings, but added that the public “has a right to know what the hell is going on in this case” and the “victims have a right to know and the court has a right to know.”
The Ruling
Sullivan ruled Wednesday that the DOJ provided adequate documentation showing some email redactions were made to protect survivors’ privacy.
But he said the department had not provided enough documentation to justify redactions in other emails and ordered it to provide additional documentation for private “in camera review” — a process in which a judge reviews confidential, sensitive, or privileged documents outside public view.
The judge rejected the DOJ’s assertion that handwritten FBI notes were “properly withheld because they are ‘substantially similar to’ and therefore duplicative of the typewritten reports.” He said the DOJ’s review protocol does not require withholding “substantially similar” records.
Sullivan also rejected the DOJ’s argument for not reviewing foreign-language materials related to Epstein because it was “not practicable for a first-level reviewer to determine the responsiveness of a foreign-language document.
The Bigger Picture
The lawsuit is one of several seeking additional transparency or alleging DOJ errors related to the Epstein files, which have generated legal and political scrutiny of the Trump administration.
Congress has held US attorneys general in contempt before, including Eric Holder during the Obama administration and William Barr during Trump’s first administration.
A House discharge petition is two signatures shy of forcing a vote on the Epstein Files Transparency Act II, which would enforce and expand the release of remaining DOJ files. Outgoing GOP Rep. Thomas Massie (R-Ky.) is leading the effort.
The Bottom Line
A federal judge has warned Attorney General Todd Blanche that he could face contempt proceedings if the DOJ fails to comply with an order involving the release or review of Epstein files. The judge found some redactions justified but ordered additional documentation for others. The case is one of several seeking transparency related to the Epstein files, and a House discharge petition is close to forcing a vote on expanded release requirements.
My opinion
The judge is right to demand answers. The Epstein Files Transparency Act was passed by Congress. The public has a right to know what is in those files. The DOJ should be required to justify every redaction, every withheld document, every excuse. Victim privacy is a legitimate concern, but it cannot become a blanket shield for withholding information that the law requires to be released. If the department is acting in good faith, it should have no problem providing the documentation Judge Sullivan is asking for. If it is not, then contempt is the only remaining tool to force compliance. The American people have waited long enough. A judge’s order is not a suggestion. It is a legal obligation and if Attorney General Blanche refuses to meet it, he should face the consequences.
