• DOJ files new motion citing recently passed Congressional legislation
• Judge previously denied similar request in August citing secrecy laws
• Materials comprise approximately 70 pages from 2019 grand jury proceedings

NEW YORK, NY (TDR) — The Department of Justice filed a renewed motion Monday asking a federal court to unseal grand jury materials from the Jeffrey Epstein sex trafficking investigation, arguing that recently passed Congressional legislation overrides existing law protecting grand jury secrecy. U.S. Attorney Jay Clayton signed the submission in Manhattan federal court requesting an expedited ruling now that President Donald Trump signed the Epstein Files Transparency Act requiring document release within 30 days.

Previous judicial denials

Judge Richard Berman denied a similar DOJ request in August, writing that the government failed to demonstrate the extraordinary circumstances necessary to overcome longstanding grand jury secrecy protections. Two other federal judges also rejected DOJ motions to unseal Epstein-related grand jury records, including materials from Florida investigations in 2005 and 2007, and transcripts from proceedings that indicted Ghislaine Maxwell.

“The Government is the logical party to make comprehensive disclosure to the public of the Epstein Files. By comparison, the instant grand jury motion appears to be a ‘diversion’ from the breadth and scope of the Epstein files in the Government’s possession.”

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Berman noted in his August ruling that the approximately 70 pages of grand jury materials contain limited information compared to the estimated 100,000 pages of investigative documents already in DOJ possession. The judge wrote that the grand jury testimony consisted primarily of hearsay from one FBI agent who had no direct knowledge of the case facts, along with a PowerPoint presentation and call logs.

Congressional action and mandate

The House of Representatives passed the Epstein Files Transparency Act by a 427-1 vote last week after months of political pressure. The Senate then approved the measure through unanimous consent. The legislation requires DOJ to publish all unclassified records, documents, communications, and investigative materials related to Epstein’s prosecution within 30 days, including flight logs, travel records, and references to individuals connected with the investigation.

The law permits DOJ to withhold victim personal information and materials that would jeopardize active federal investigations. Within 15 days of publication, DOJ must report to Congress all categories of information released and withheld, a summary of redactions made, and a list of government officials and politically exposed individuals named in the materials.

Limited scope of grand jury records

The Justice Department has stated that the only witness before the Epstein grand jury was an FBI agent who testified on June 18 and July 2, 2019. The July 2 session concluded with grand jurors voting to indict Epstein. He was arrested four days later on July 6, 2019, and died in federal custody weeks later while awaiting trial.

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U.S. District Judge Robin Rosenberg in Florida stated in her July denial that her hands were tied because DOJ sought to release the materials due to extensive public interest rather than as part of a judicial proceeding, which represents the usual legal standard for unsealing grand jury records.

DOJ argument and timeline

The Justice Department argues that the Congressional mandate provides clear authorization that overrides traditional grand jury secrecy rules. Clayton’s filing requests an expedited ruling to meet the 30-day deadline established by the legislation Trump signed into law November 20.

The grand jury materials represent a small fraction of thousands of documents related to the Epstein investigation and criminal case. Many documents already in Justice Department custody may not have been presented to grand juries and could be released without court approval.

Maxwell, Epstein’s longtime confidant, is serving a 20-year federal prison sentence after her 2021 conviction on charges of facilitating his abuse of teenage girls. The case has generated sustained public interest due to Epstein’s connections with numerous high-profile individuals across politics, business, and entertainment.

How should courts balance grand jury secrecy protections with Congressional mandates for transparency?

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