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Deadline Legal Blog-How the Trump administration can keep some Epstein files secret under the new bill
The Justice Department could cling to exceptions for withholding or redacting information related to Jeffrey Epstein and his associates.
How the Trump administration can keep some Epstein files secret under the new bill - MS NOW
— (@oc88.bsky.social) 2025-11-19T19:41:25.783Z
apple.news/AfSITt9A9S2u...
https://www.ms.now/deadline-white-house/deadline-legal-blog/trump-epstein-files-release-bill-pam-bondi-exceptions-rcna244810
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.,,,,,,
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.
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.,,,,,,
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.
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