The Rules Governing When DOJ Must Release Criminal Investigation Files

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On January 30, 2026, the Department of Justice published over 3 million pages of investigative materials related to Jeffrey Epstein. This wasn’t an act of bureaucratic generosity. It was forced.

The release emerged from multiple legal rules that forced the Trump administration to act. Federal prosecutors must navigate competing legal demands when releasing criminal investigation files.

The most well-known disclosure pathway operates through the Freedom of Information Act. People can sue in federal court to force the government to release files.

A second legal pathway operates through a federal law that gives crime victims certain rights including the right to be informed of developments in their cases, to confer with prosecutors, to be heard at sentencing, and—critically—to access information relevant to their victimization. Victim advocacy groups have argued that once victims access sensitive materials, prosecutors can’t claim that releasing the same materials to everyone would violate privacy. In the Epstein case, victims’ attorneys leveraged CVRA provisions to demand disclosure and to participate in determining what categories of victim-identifying information could be redacted before public release.

A third disclosure pathway operates through court-ordered sharing of evidence in criminal cases. When criminal cases proceed to trial or remain open through post-conviction proceedings, criminal law requires prosecutors to give defendants evidence they need for trial. Once such evidence is disclosed to a defendant during litigation, judges can decide to make it public, especially when the underlying crime has generated substantial public interest and legitimate transparency concerns.

Grand jury testimony is normally secret, but judges can sometimes release it when courts determine that the public interest in disclosure outweighs law enforcement secrecy interests.

A fourth pathway involves Congress ordering the release through laws. When Congress explicitly requires the release of specific investigative materials through legislation, the executive branch must comply.

This was the case with the Files Transparency Act, which Congress passed in November 2025 and President Trump signed into law on November 19, 2025. The statute specifically required the Attorney General to make publicly available “all unclassified records, documents, communications, and investigative materials in the possession of the Department of Justice, including the Federal Bureau of Investigation and United States Attorneys’ Offices” relating to Jeffrey Epstein, Ghislaine Maxwell, and related investigations, except for protecting victim privacy, child sexual abuse materials, ongoing investigations, and national security. The statute allowed redactions for: personally identifying information of victims, victims’ medical files, child sexual abuse material, information related to ongoing cases, and images depicting death or abuse.

This law forced prosecutors to release files even though they wanted to keep them secret and forced the DOJ to undertake the massive review and release effort that concluded in January 2026.

Why It Succeeded Where Mueller Failed

The Files Transparency Act emerged from pressure from both Republican and Democratic members of Congress, with the initial bill introduced by Representatives Ro Khanna and Thomas Massie in July 2025. Rather than allow speculation about what secret documents might contain, the Trump administration ultimately determined that releasing the files would cause less political damage than refusing to release them.

The same legal arguments that worked here had failed in other cases. When media organizations and public interest advocates sought disclosure of files related to the special investigation into Russian interference in the 2016 election, courts rejected many of these requests, though some disclosure was ordered.

Several factors distinguished this case from Mueller: the primary targets of the investigation were deceased or had completed their sentences; the original investigation was finished rather than still ongoing; victims advocated explicitly for disclosure and helped decide what information should be hidden; federal judges said the sealed records were historically important and the public should see them; and Congress made it politically harder to refuse than to release them.

Representatives Khanna and Massie’s initial bill included specific provisions requiring the Attorney General to release documents within 30 days of enactment. When DOJ missed the December 19, 2025 deadline—releasing only a small fraction of materials despite having months to prepare—Congressional criticism intensified.

This Congressional pressure proved decisive: by January 30, 2026, DOJ announced it was releasing 3.5 million pages.

Congressional pressure forced action by making resistance too expensive for the executive branch to maintain.

The Process: 500 Lawyers Working Nights and Weekends

When federal prosecutors are legally compelled to release criminal investigation materials, they must follow specific steps: find the files, review them, hide sensitive information, notify people, and release them. Deputy Attorney General Todd Blanche announced that the DOJ had dedicated more than 500 attorneys and support staff to review and process the materials.

The process begins with identification and collection of materials that matched the legal requirement. The legal mandate required release of “all unclassified records, documents, communications, and investigative materials” with exceptions for sensitive categories including personally identifying information of victims, child sexual abuse material, information jeopardizing ongoing investigations, images depicting death or abuse, and classified national security information. The Act specifically identified materials relating to Jeffrey Epstein, Ghislaine Maxwell, flight logs, travel records, communications involving individuals named in connection with the crimes, immunity agreements, internal DOJ communications about investigation decisions, and documentation of detention and death as categories subject to disclosure with these protective redactions applied.

This broad requirement meant DOJ had to search all its offices—the FBI field offices that conducted investigations, the U.S. Attorneys’ Offices in Florida and New York that handled prosecution, the Main Justice Department with its internal communications, and various specialized units that might have compiled relevant materials. Blanche said the search found more than 6 million pages that needed to be reviewed before determining what could be released.

The next step involves victim notification and consultation. The Files Transparency Act explicitly required that redactions protect “personally identifiable information of victims or victims’ personal and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” DOJ attorneys reached out to victims’ representatives to request information about which individuals should be treated as victims requiring protection.

Reviewing what to hide was the most time-consuming step. Lawyers had to check each document to see if it could legally be hidden. The statute only allowed DOJ to hide information in specific situations: personally identifying information of victims, child sexual abuse materials, information jeopardizing ongoing investigations or prosecutions, images of death or abuse, and secrets about national security or foreign relations.

The statute prohibited prosecutors from hiding files because they were embarrassing. This meant prosecutors couldn’t hide files because they mentioned famous people—they had to honestly apply only the allowed exceptions and had to explain in writing why they hid each piece of information.

Blanche said DOJ hid the identities of any woman in photos or videos, with the exception of Ghislaine Maxwell, assuming all women in the files might be victims who needed protection. Men mentioned in the files weren’t automatically hidden even when their conduct was not yet prosecuted, because the statute only protected victims’ privacy, not everyone mentioned in the investigation. This shows how the statute’s exact words determined what DOJ could hide: the Files Transparency Act narrowly defined whose privacy interests merited absolute protection, forcing difficult judgment calls about what materials could be released even when they might implicate controversial figures.

What Got Withheld (And What Couldn’t Be)

The statute carefully listed exactly what DOJ could legally hide while mandating disclosure of all other investigation materials. It explicitly barred withholding on certain grounds that have traditionally protected sensitive government information.

The first and most protected category involves personally identifiable information of victims or victims’ personal and medical files. Prosecutors treated all women and girls in the files as potential victims regardless of whether they had been formally identified or had testified in proceedings. This cautious approach avoided accidentally revealing victims’ identities—prosecutors didn’t want to accidentally reveal trafficking victims’ names, which could put them in danger.

The second category of materials the government could hide involves child sexual abuse materials. The statute allowed hiding materials showing child sexual abuse as defined by federal law. Blanche said DOJ found only a small amount of child abuse material—meaning prosecutors didn’t hide most files because of child abuse material.

The third withholable category involves materials that would harm active investigations, as long as they can only hide specific information for a limited time. But the statute required prosecutors to hide only information that harms specific investigations, and only temporarily, meaning once investigations end or the danger passes, hidden files must be released.

The fourth category is photos or videos showing death, abuse, or injury. Blanche confirmed that DOJ did release extensive documentation of detention and death, suggesting DOJ didn’t use this rule often.

The fifth category is secrets about national security or foreign relations, as long as it’s classified. The statute said prosecutors should declassify and release as much as possible. Blanche said DOJ wasn’t hiding any files for national security reasons.

The statute stated: “No record shall be withheld, delayed, or redacted on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary.” This language prevented DOJ from hiding files to protect famous people mentioned in the investigation.

The Gap Between Release and Access

Accessing and understanding 3 million pages is extremely difficult for journalists, researchers, lawyers, and advocates seeking to understand what the documents reveal. DOJ created a website called the “Epstein Library” at justice.gov/epstein/doj-disclosures.

The website admits that because there’s so much information, some files might accidentally contain people’s private information or sexual content. The Library is hard to search. The website includes a note stating: “Due to technical limitations and the format of certain materials (e.g., handwritten text), portions of these documents may not be electronically searchable or may produce unreliable search results.” Researchers can’t search for what they want—they have to manually read through files and connect the pieces.

DOJ released photos and videos that are important evidence but hard to search through. Photos only show up in searches if they’re labeled with keywords, and videos have to be watched by hand. NPR reported that a team of journalists was reviewing the released files “looking for anything new or noteworthy,” reflecting that only big news organizations have the staff and money to analyze this much information.

ABC News independently confirmed numerous instances of victims’ names appearing in documents included in the release despite DOJ’s promise to hide victims’ names. Victims’ attorneys reported receiving calls from clients whose names appeared in files DOJ said it had hidden.

When DOJ learned of these errors, it asked victims’ lawyers to identify files with exposed names so it could remove them. Instead of using mistakes as an excuse to hide files, it fixed the errors and kept releasing materials.

Patterns From Other Forced Disclosures

The release of JFK assassination files is one of the largest government document releases in recent years. In March 2025, President Trump ordered the release of about 80,000 pages of JFK files. Unlike the Epstein case, where a statute forced release, the JFK files were released because the President decided to. However, a 1992 statute required the files to be released after 25 years unless the President claims national security requires secrecy.

The Mueller investigation shows how transparency efforts can fail even when the public wants answers. The Mueller Report wasn’t released by the special counsel—instead, Attorney General Barr wrote a summary and decided what could be made public. Media and lawmakers sued to force release of the full report and investigation files. These efforts mostly failed because courts sided with prosecutors, who used secrecy rules to keep files hidden.

Mueller and the Epstein case differed in important ways: Mueller involved active investigations and questions about the President, while the Epstein case was closed. Mueller was politically controversial, while the Epstein case wasn’t. The Mueller administration wanted to keep things secret, while the Trump administration found it politically useful to release these files. These differences show that laws alone don’t determine what gets released—politics matters too.

Civil lawsuits also led to release of secret documents. Virginia Roberts Giuffre sued Ghislaine Maxwell, and the lawsuit generated documents that were kept secret. When they asked judges to release the documents, they argued that the public’s need to know was more important than privacy. Federal judges slowly released documents from the lawsuit, some before the criminal files came out.

Implications for Future Cases

When Congress passes a statute requiring release, the government almost always has to comply. Files are more likely to be released when the people being investigated are dead or already punished. Victims’ lawyers have significant power, especially when they’re involved in deciding what to hide. When news organizations keep suing and pressuring the government, it becomes politically harder to keep files secret. When both parties in Congress agree files should be released, the government has to comply.

Federal prosecutors have good reasons to keep investigation files secret. Revealing police methods can help criminals avoid detection. Protecting witnesses and innocent people mentioned in investigations matters. Keeping grand jury testimony secret protects witnesses from retaliation. But the public also has a right to know what the government is doing and victims have a right to information about their own cases.

This case shows how organized groups can use the law to force the government to release files. Victims’ lawyers, news organizations, and Congress all pushed for the files to be released. But it also shows that even when laws require release, the government can still resist. Blanche admitted that even 3 million pages won’t answer all the public’s questions about why the government didn’t stop him.

This statute will probably affect future fights about releasing government files. Congress might pass similar laws for other cases, gradually making the government release files instead of hiding them. Whether the government keeps secrets or releases files depends on politics, victims’ lawyers, news organizations, and Congress.

If you want to force the government to release files, you can file FOIA requests and sue; victims can demand access; news organizations can ask judges to release files; Congress can pass laws. These tools don’t always work, but together they help organized groups pressure the government to release files.

Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.

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