
The case against releasing the Epstein files
The Justice Department almost never discloses information it collected on a criminal suspect outside of a criminal judicial proceeding, and for very good reasons. Revealing such information can endanger victims or other witnesses. And it denies due process to individuals who may be innocent - and who will never receive a trial - even though their names are prominently featured in the DOJ’s records. The case against releasing the Epstein files DOJ has strong norms against releasing information outside of a criminal trial, and for good reasons. Ian Millhiser is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court. Nevertheless, it now appears that the Justice Department’s records on Jeffrey Epstein will be released. Last month, Congress set a 30-day deadline for the DOJ to release these files - and that deadline expires Friday . While it is unclear whether the Trump administration will fully comply with this law right away, Deputy Attorney General Todd Blanche says that he expects the Justice Department to “ release several hundred thousand documents today .” These files will reveal details of the Justice Department’s investigation into one of the most notorious individuals in recent American history. Before his arrest on federal sex trafficking charges in 2019, Epstein had a long list of powerful friends and associates, some of whom were allegedly complicit in his crimes. One of Epstein’s alleged victims, who described herself as his former “sex slave,” claims that he made her have sex with billionaires, a former governor, an ex-US senator, and a former British prince. Trump and Epstein were once close friends, although the two men reportedly had a falling out in 2004 . In emails that were recently made public, Epstein also suggested that Trump knew about his abuse of underage girls but did not participate. So it’s not surprising that there’s a bipartisan push to release the Justice Department’s Epstein files. Epstein, who was found dead in his jail cell while awaiting trial , wasn’t simply a very wealthy man accused of horrific crimes. He was also closely connected to many of the most powerful people on the planet, some of whom may have been his accomplices. Key takeaways The Justice Department rarely releases information it discovers in criminal investigations outside of a court proceeding. This practice is intended to protect individuals’ due process rights, and also to protect victims and witnesses. Releasing the Epstein files endangers those people without the benefit of a trial. It also creates a precedent that will be used to further undermine the Justice Department’s norms against the politicized release of investigative documents. There is danger, however, in requiring the Justice Department to reveal the fruits of a criminal investigation - even in a case as compelling and as egregious as Epstein’s. Both federal judicial procedures and the Justice Department’s...
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