Opinion: Biden's Authority on Epstein Files Release

An opinion column in The Hill examined whether President Biden had authority to release federal files related to Jeffrey Epstein during his term and whether he should have used that power.¹

The piece addressed dual questions: Did Biden have the authority to release Epstein files, and should he have wielded it? According to the author, “the answer is a bit of both.”¹

Biden left office in January 2026 without ordering the release of Epstein-related documents held by federal agencies. The Epstein Transparency Act, signed into law in December 2025, now mandates review and public disclosure of federal records related to Epstein.² The law requires agencies including the FBI to produce records for public release by December 2027, with protections for classified material and ongoing investigations.²

Questions of Presidential Power

The Hill opinion column did not detail specific legal mechanisms Biden could have used, but the question of presidential authority over executive branch files has been debated across multiple administrations.¹

Presidents exercise broad control over executive agencies, though that power intersects with departmental independence policies, statutory restrictions, and concerns about interference with active investigations. FBI files may contain grand jury material, witness statements, and information about investigative methods that carry legal protections against disclosure.

The extent to which a sitting president can compel release of law enforcement records remains contested among legal scholars and former officials.

Statutory Framework Replaces Executive Discretion

The Epstein Transparency Act passed with overwhelming bipartisan support in Congress before Biden signed it into law.² The statute establishes specific criteria and timelines for document review, removing some political discretion from the disclosure process.

Under the Act, federal agencies must identify, review, and prepare for public release records related to Epstein’s activities. The law provides exceptions for classified information, ongoing law enforcement matters, and certain privacy protections.²

Epstein died in federal custody in August 2019 while awaiting trial on sex trafficking charges. His associate Ghislaine Maxwell was convicted in December 2021 on federal charges related to sex trafficking of minors.

Multiple lawmakers have pressed for full disclosure of what federal agencies know about Epstein’s network. Rep. Nancy Mace has demanded the CIA release any Epstein-related records in its possession.³ Rep. Thomas Massie and other members of Congress have criticized redactions in documents released by the Trump Justice Department in February 2026.⁴

The debate over Biden’s authority reflects broader tensions about transparency in the Epstein case. Advocates for disclosure argue federal law enforcement and intelligence files could contain substantially more information than what has emerged from court-ordered releases in civil litigation involving Maxwell.

The Transparency Act now provides a statutory path for disclosure that operates independently of executive discretion, though questions remain about how agencies will apply the law’s exceptions and redaction criteria.

References

1. The Hill — “Why Biden didn’t release the Epstein files — but maybe should have”
2. FBI Begins Review of Epstein-Related Records Under New Law
3. Rep. Mace Demands CIA Release Epstein Documents
4. Massie Rips Trump DOJ Over Epstein File Redactions