• Federal judge denies congressional request for independent monitor over Epstein-file release
• DOJ admits only 12,285 pages public out of 5.2 million; full dump could stretch to 2027
• Lawmakers vow fresh lawsuit after court says they can’t intervene in closed Maxwell case

NEW YORK (TDR) — U.S. District Judge Paul A. Engelmayer on Wednesday rejected a bid by Reps. Thomas Massie (R-KY) and Ro Khanna (D-CA) to install an independent monitor to police the Justice Department’s compliance with the Epstein Files Transparency Act, ruling the lawmakers lack standing to intervene in the closed criminal case against Ghislaine Maxwell.

The 72-page order leaves DOJ as both defendant and referee over an estimated 5.2 million pages of investigative material tied to Jeffrey Epstein—documents Congress ordered released by December 19, 2025, but which officials admit will not be fully public before 2027 without outside oversight.

“This criminal case does not give the Court any charter to supervise DOJ’s compliance with the EFTA… and the motion exceeds the bounds of permissible amici participation.”

—Judge Engelmayer, 21 Jan 2026

12,285 Pages Down, 5.2 Million to Go

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The Epstein Files Transparency Act requires the Attorney General to publish all unclassified records within 30 days and forbids withholding on grounds of “embarrassment, reputational harm, or political sensitivity.”

Yet a January 5 DOJ status filing shows only 12,285 documents posted—roughly 0.2 % of the total—while the department fields 400 attorneys across four offices to review the remainder at a pace of 80,000 pages per week.

“Put simply, the DOJ cannot be trusted with making mandatory disclosures under the Act.”

—Reps. Massie & Khanna, motion to Engelmayer

What Lawmakers Wanted

CLICK HERE TO READ MORE FROM THE THE DUPREE REPORT

Massie and Khanna asked the judge to:

• appoint a special master or independent monitor to supervise daily compliance;
• compel immediate release of all electronically stored information;
• force public reports detailing every redaction and its legal basis.

They argued DOJ had violated the Act’s 15-day reporting deadline and was invoking “common-law privileges” the statute explicitly removes.

DOJ: “Wrong Courtroom, Wrong Remedy”

U.S. Attorney for the Southern District of New York Jay Clayton told the court the lawmakers are not parties to U.S. v. Maxwell and that federal judges lack power to appoint “supervisors” over executive-branch compliance with separate statutes.

“Representatives Khanna and Massie do not have standing… and there is no authority permitting the Court to grant the Representatives the relief they improperly seek.”

—DOJ letter to Engelmayer, 17 Jan 2026

Victims Back the Monitor

More than 40 Epstein survivors wrote the judge supporting the monitor request, claiming DOJ’s piece-meal releases retraumatize victims and hide the scope of the trafficking network.

“DOJ’s track record has been marked by paying ‘lip service’ to victims and failing to treat us with the solicitude we deserve.”

—Victim letter quoted by Engelmayer

Judge’s Reasoning

Engelmayer ruled on two grounds:

1. No jurisdiction: the criminal case against Maxwell is closed; supervising an across-the-department document dump “is far afield from any matter pending before the Court.”
2. No standing: lawmakers may file amicus briefs on legal issues, but cannot inject an entirely new supervisory role that Congress never authorized courts to create.

“This decision is without prejudice to the Representatives’ right to initiate a separate lawsuit.”

—Engelmayer order

Capitol Reaction

Massie vowed an immediate new suit under the Act’s private-cause-of-action clause:

“We’ll see DOJ in a different courthouse. Judges don’t get to ignore federal law just because it’s inconvenient for the bureaucracy.”

—Rep. Massie to reporters, 22 Jan 2026

Khanna said the ruling “underscores why Congress passed the Act in the first place—transparency should not depend on bureaucratic goodwill.”

What Happens Next

DOJ must continue its self-policed review; the court set a status hearing for March 3 but stressed it will not micromanage release schedules. DOJ sources say 400 attorneys across four offices are working through the 5.2 million remaining pages at roughly 80,000 pages per week—meaning full publication could stretch into 2027 without outside oversight.

“Every delay benefits the powerful people whose names are still hidden. That’s exactly why we asked for a monitor.”

—Epstein survivor advocate Spencer Kuvin

Bottom Line

Wednesday’s ruling leaves DOJ as both defendant and referee in the largest federal document dump since JFK-assassination files—an arrangement Congress explicitly tried to prevent. Whether Massie and Khanna’s promised second lawsuit forces a new judge to share the gavel remains the next cliff-hanger in the Epstein transparency saga.

If courts won’t police the release, and DOJ polices itself, who ensures the powerful are finally exposed?

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