Biden DOJ under Garland declines to release Epstein files

During the Biden presidency, the Department of Justice under Attorney General Merrick Garland consistently declined to release federal records related to the Epstein investigation, despite mounting bipartisan pressure from Congress, media organizations, and survivors.

The DOJ cited several legal justifications for withholding the files. Foremost among them was the existence of ongoing criminal investigations. While Epstein himself was dead and Maxwell had been convicted, federal prosecutors indicated that other potential targets remained under scrutiny. Grand jury secrecy rules under Federal Rule of Criminal Procedure 6(e) also provided a legal barrier, as did concerns about compromising witness identities and ongoing cooperation agreements.

Ghislaine Maxwell’s appeal of her December 2021 conviction added another layer. The DOJ argued that releasing certain materials could jeopardize the integrity of the appellate process and any future proceedings.

Congressional pressure intensified over time. Both Republican and Democratic members of Congress wrote letters to Garland demanding greater transparency. Survivors and their legal representatives publicly criticized the DOJ’s position, arguing that secrecy was protecting powerful individuals rather than serving any legitimate law enforcement purpose.

Civil litigation seeking the release of sealed court documents from the Giuffre v. Maxwell defamation case resulted in some records becoming public. In January 2024, a batch of documents from that case were unsealed, revealing names and deposition testimony. However, these were civil court records — the federal investigative files held by the DOJ remained locked.

The Biden administration’s refusal to release the files became a significant political issue, fueling campaign-trail promises from both parties heading into the 2024 election and ultimately contributing to the legislative push for the Epstein Transparency Act.