The Trump administration faces mounting pressure from far-right supporters to appoint a special counsel to handle Jeffrey Epstein’s case files, despite significant legal and constitutional barriers.
According to Politico, top Department of Justice officials, including Attorney General Pam Bondi, Deputy Attorney General Todd Blanche, incoming Associate Attorney General Stanley Woodward, and senior DOJ official Emil Bove, have consistently opposed independent special counsels, arguing they violate constitutional principles.
When asked about appointing a special counsel, Trump stated he had ‘nothing to do with’ the decision, effectively putting the responsibility on Attorney General Bondi, who has a controversial past including ties to foreign lobbying and questionable associations. This stance was further reinforced when press secretary Karoline Leavitt later announced that Trump “would not recommend” the appointment of a “special prosecutor” for the Epstein case.
Why appointing a special counsel for the Epstein files faces legal hurdles
Current DOJ regulations only allow special counsel appointments for active criminal investigations where the Justice Department has a clear conflict of interest. The Epstein case, which ended with his death in jail in 2019, is no longer an active investigation, and there are no apparent conflicts of interest within Trump’s DOJ leadership.
Too Hot For Booze? | Trump’s Hand | Epstein Intrigue Continues | The Coc… https://t.co/bgqotYx0ri via @YouTube @realDonaldTrump @POTUS You may have gotten Colbert cancelled but before he leaves, he will bury your decaying skin and swollen ankles fat ass. Tick tock DonOld. pic.twitter.com/Q2dyHOVqDx
— James Carlson (@carlson4774) July 18, 2025
The push for a special counsel gained momentum after Bondi mentioned in February that an Epstein “client list” was on her desk for review. When the DOJ leadership chose not to make these files public, far-right commentator Laura Loomer began calling for Bondi’s removal and the appointment of a special counsel, while the House Judiciary Committee is demanding Epstein documents that name Trump specifically, calling the DOJ’s handling a ‘coverup.
Trump’s history with special counsels has been notably contentious. The former president faced investigations from special counsel Robert Mueller regarding Russian interference in the 2016 election, and later from Jack Smith concerning both the 2020 election and classified documents at Mar-a-Lago. These experiences have contributed to his skepticism of special counsel appointments.
Legal experts, including Josh Blackman from South Texas College of Law Houston, point out that even if a special counsel were appointed, they would still operate under Bondi’s supervision. This arrangement would maintain the same chain of command, potentially defeating the purpose of such an appointment. Additionally, Bondi would retain final authority over making any special counsel reports public.
