The Epstein files bill is nearly law after a roller-coaster ride that ended with an almost unanimous vote in the House and unanimous approval in the Senate, which didn’t even take a vote.
So that means that we’ll see all of the Department of Justice’s records relating to convicted sex offender Jeffrey Epstein within 30 days, right? Nope.
There’s fine print. There’s a process. Here’s what to watch for:
What will Trump do?
First, President Donald Trump has to sign the thing, which he’s said he will do, but had not as of Wednesday afternoon.
Technically, per the Constitution, a president has 10 days (not counting Sundays) after the White House officially receives the bill from Capitol Hill to sign the measure into law or veto it and send it back to Congress.
A regular veto seems unlikely since congressional support for the bill was so overwhelming. Overriding a veto takes only a two-thirds majority in the House and Senate.
Trump can choose not to sign the bill, in which case it would become law in 10 days (minus Sundays). If he does nothing and lawmakers adjourn within 10 days, that is what’s called a “pocket veto,” something that hasn’t happened in decades. If that were to occur, supporters of the Epstein bill would have to start the process all over again.
What happens after the bill becomes law?
Let’s assume the bill becomes law between Wednesday, Trump’s first opportunity to sign it, and December 1, when the Constitution’s 10-day clock should run out.
Then, under the language of the law, the Department of Justice would have 30 days to release the Epstein files.
Will all of the material be released?
No. There is some fine print in the bill’s language that allows for some files to be withheld. And the announcement of a new investigation into Epstein’s contacts raises real questions about how the Trump administration will respond.
After all, Attorney General Pam Bondi previously promised to release all Epstein files, only to disappoint those who had been calling for transparency. Documents she released in February turned out to be mostly material that had already been publicly released.
Why wouldn’t Bondi just release material before?
Bondi said she would not release child sex abuse material and pornography. Plus, much of the material was sealed by court order. In a July memo from DOJ and FBI after releasing video from inside the jail where Epstein killed himself, the agencies argued their review revealed no client list or evidence that could lead to other charges.
Hold on, why is there a new investigation if the DOJ had already said its review was done?
Trump demanded it. When it became clear the Epstein files bill would pass, and after lawmakers released a tranche of emails obtained from Epstein’s estate that mentioned Trump and other high-profile figures, Trump went to social media to call on Bondi and the FBI specifically to investigate Epstein’s contacts with former President Bill Clinton, Clinton’s former Treasury Secretary Larry Summers, and others with ties to Democrats.
Bondi has apparently complied and launched that new investigation despite having earlier said the review of the Epstein files was complete. A reporter asked her on Wednesday what changed for the DOJ after it said in July that no further Epstein investigation was warranted.
“Information that has come forward — information. There’s information that — new information. Additional information,” Bondi said.
Will the new investigation block the release of any files?
It’s certainly possible. The bill specifically exempts from release any information that “would jeopardize an active federal investigation or ongoing prosecution, provided that such withholding is narrowly tailored and temporary.”
The main Republican co-sponsor of the bill, Rep. Thomas Massie of Kentucky, has publicly worried that the new investigation could be a “smokescreen.”
The former White House lawyer turned Trump critic Ty Cobb said he expects it will be a long while before the public sees new documents.
“If Trump wanted those documents produced, he could release them tonight; he doesn’t need legislation,” Cobb told CNN’s Erin Burnett on Tuesday. “This is silly.”
Does Trump’s name appear in the files?
Yes. He and Epstein were associates and appeared together many times before they had a falling-out. CNN has reported that Bondi told Trump this year his name appears in the Epstein files. Emails and communications from Epstein’s estate released by the House Oversight Committee also mention Trump. And his name appears in files released by the Justice Department in February. But there’s no allegation any files implicate Trump in any wrongdoing.
What does the bill actually require to be released?
The language requires the Justice Department to release, in a downloadable and searchable format, all its files related to the Epstein, who died by suicide in 2019 while awaiting trial on sex trafficking charges, and his convicted accomplice Ghislaine Maxwell, who is in prison.
The documents are supposed to include “unclassified records, documents, communications and investigative materials” at the DOJ, FBI and US attorneys’ offices.
How detailed are the requests?
The bill’s language gets very specific, spelling out, for instance, not just flight logs or travel records, but also “manifests, itineraries, pilot records, and customs or immigration documentation, for any aircraft, vessel, or vehicle owned, operated, or used by Jeffrey Epstein or any related entity.”
Trump and Clinton, for instance, are known to have traveled on Epstein’s notorious plane. It’s possible the government has additional information about flights.
There are similarly detailed directives for information related to Epstein’s controversial 2008 plea agreement, his business, potential immunity deals involving him or his associates, and any records related to his detention or death.
What’s the fine print on what can be released?
In addition to allowing DOJ to withhold information related to active investigations, there are other permitted withholdings.
They include personal identifiable information of victims or other disclosures that would constitute an invasion of privacy. Also exempted is anything depicting child sexual abuse, death or physical abuse.
A much broader and subjective permitted withholding has to do with classified material or anything that needs to be “kept secret in the interest of national defense or foreign policy.”
Has Bondi said what will be released and when?
She has not. At an unrelated press conference Wednesday, Bondi stuck to talking points.
“We have released 33,000, over 33,000, Epstein documents to the Hill and will continue to follow the law and to have maximum transparency,” she told reporters.
When a reporter asked about the DOJ’s next steps in the next 30 days, she riffed on the same line.
“We will continue to follow the law with maximum transparency while protecting victims,” Bondi said.
“And again, we will continue to follow the law to investigate any leads,” she added. “If there are any victims, we encourage all victims to come forward and we will continue to provide maximum transparency under the law.”
