Judge rejects bid to force DOJ Epstein files release oversight

A federal judge ruled Wednesday that he lacked jurisdiction to appoint an outside expert to ensure the Justice Department complied with a law that made all files related to the Jeffrey Epstein trial available for public viewing.

The seven-page ruling by U.S. District Judge Paul Engelmayer halts efforts by Reps. Ro Khanna, Democrat of California, and Thomas Massie, Republican of Kentucky, to participate in the case of Ghislaine Maxwell.

The pair wanted to participate as amicus curiae, or “friends of the court,” in an effort to have the judge appoint a special master to oversee the release of files related to Epstein under the Epstein Files Transparency Act (EFTA).

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Khanna and Massey believe that without oversight, the Justice Department would not produce all the files requested by the ruling states in the EFTA.

Engelmayer said he could not grant the members of congress’ request because they are not parties to the case that led to Maxwell’s sex trafficking conviction in December 2021, for which she was sentenced to 20 years in prison for recruiting girls for the deceased financier.

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“The only parties in the case are Maxwell and the United States, the latter represented, as always, by the Department of Justice,” the judge wrote. “The indictment against Maxwell brought charges under six federal criminal statutes. These charges were not brought under the EFTA, which did not exist at the time and was not a criminal law. This case is now effectively closed.”

Fox News Digital has reached out to the Department of Justice.

“We appreciate the judge’s thoughtful consideration of our letter and remain determined to force the Department of Justice to follow our law using other avenues available to us and our survivors,” Massie said in a statement to Fox News Digital.

Khanna told Fox News Digital that the duo will continue their efforts to force the government to release all files related to Epstein.

“We appreciate Judge Engelmayer’s timely response and attention to our request, and we respect his decision,” he said. He added: “He said we raised ‘legitimate concerns’ about whether the Department of Justice was abiding by the law. We will continue to use every legal option to ensure the files are released and survivors see justice.”

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The Justice Department released a trove of Epstein documents on December 19 after President Trump signed the Epstein Files Transparency Act in November. (Joe Schildhorn/Patrick McMullan via Getty Images)

Khanna and Massey led the European Free Trade Agreement, which President Donald Trump signed into law last year. The Justice Department demanded the release of all evidence collected during decades of investigations into the Epstein case by December 19.

However, weeks after the deadline, part of the files were made public, sparking criticism from officials on both sides.

The Justice Department said the release of the files was slowed by redactions required to protect the identities of victims of abuse.

Documents included in the US Department of Justice’s release of the Jeffrey Epstein files were photographed on January 2. (AP Photo/John Elswick)

“We are informing the court of serious misconduct by the Department of Justice that requires a remedy, which we believe this court has the authority to provide, and which the victims themselves have requested,” Khanna said in a statement to The Associated Press about a letter U.S. Attorney Jay Clayton wrote to Engelmayer last week.

He added: “Our goal is to ensure that the Ministry of Justice complies with its representations before the court and with its legal obligations under our law.”

In their letter, Khanna and Massey wrote that the Justice Department’s release of just 12,000 documents out of more than 2 million under review was a “flagrant violation” of the law’s requirements.

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“The Department of Justice simply cannot be trusted to make disclosures that are mandatory under the law,” they said.

Engelmayer acknowledged that Khanna and Massey raised “legitimate concerns,” but his hands were tied.

“The representatives do not seek to express an opinion on any live case before the court,” he wrote. “Appointing a neutral to oversee the Department of Justice’s compliance with the EFTA is far removed from any matter pending before the court. It is therefore not a permissible form of amicus engagement.”

The Associated Press contributed to this report.