In New York, a federal judge ruled on Wednesday that congressional cosponsors of legislation designed to compel the Justice Department to disclose files regarding Jeffrey Epstein and Ghislaine Maxwell may pursue legal action to seek a court-appointed monitor, yet they lack the legal standing to integrate this request into Maxwell's ongoing criminal proceedings.
Judge Paul A. Engelmayer prohibited U.S. Representatives Ro Khanna (D-Calif.) and Thomas Massie (R-Ky.) from intervening in the sex trafficking trial of Maxwell. The legislators, who backed the Epstein Files Transparency Act signed into law by President Donald Trump in November, recently petitioned the court in an effort to accelerate the release of investigative documents concerning the deceased financier and his former associate.
Engelmayer largely concurred with statements from the Justice Department asserting that he does not possess the authority, as the presiding judge in Maxwell’s case, to grant the lawmakers’ request for an independent monitor to guarantee the prompt release of over two million investigative documents identified by the government.
Khanna and Massie contend that the Justice Department’s sluggish pace in divulging these documents breaches the law and inflicts “serious trauma to survivors.” They maintain that the delay hinders justice for those impacted by Epstein’s crimes.
Despite the filing restrictions, the lawmakers retain the option to leverage their legislative capabilities to enhance oversight mechanisms over the Justice Department's conduct. The Epstein Files Transparency Act, which followed extensive public and political pressure, currently lacks specific enforcement provisions or penalties to ensure adherence.
Representative Khanna expressed appreciation for Judge Engelmayer’s prompt attention to their request and respect for the court’s decision. He emphasized that the judge acknowledged the "legitimate concerns" raised regarding Justice Department compliance and affirmed their commitment to exhaust all legal avenues to facilitate file disclosure for survivor justice.
The Justice Department previously missed a congressional deadline set for December 19 to release all pertinent files. Officials have reported that hundreds of attorneys are meticulously reviewing the yet undisclosed records to determine necessary redactions protecting the anonymity of numerous sex abuse victims. To date, approximately 12,000 documents have been made publicly available.
Judge Engelmayer characterized the concerns put forth by Khanna and Massie regarding the department’s compliance with the law as "undeniably important and timely." However, he clarified that the means by which the legislators sought to intervene were impermissible under the current legal framework.
Following the elevation of the original trial judge, Alison Nathan, to the 2nd U.S. Circuit Court of Appeals, Engelmayer assumed responsibility for Maxwell’s case. He determined that he lacks supervisory authority over the Justice Department's fulfillment of the new statute and that the lawmakers do not have legal standing to involve themselves in Maxwell’s criminal trial.
Engelmayer acknowledged receiving correspondence from Epstein survivors endorsing the call for an impartial overseer. These communications convey apprehension that the Justice Department might otherwise fail to comply with the requirements of the Transparency Act.
The judge cited survivor statements indicating that the department has been merely paying "lip service" to victims and neglecting to treat them with the consideration they deserve.
Maxwell is currently serving a 20-year prison sentence following her December 2021 conviction on sex trafficking charges. She recently filed a petition to seek her release, alleging the emergence of new information. The jury determined that she had assisted in recruiting underage girls for Epstein’s abuse over a span of approximately 25 years and was herself involved in some of the abuse.
Jeffrey Epstein died by suicide while detained in a New York federal jail in August 2019 pending trial on sex trafficking allegations.