President Trump may soon sign the Epstein files bill into law — but don't expect his administration to actually release documents quickly.
The big picture: The bill's loopholes for "active investigations" and "national security" give Trump officials broad cover to delay or heavily redact documents.
- Trump said Monday that he would sign the bill if it reached his desk, but he has yet to do so.
- Speaker Mike Johnson (R-La.) said Tuesday night that the president had concerns about the bill, despite its passage. He previously suggested Senate Majority Leader John Thune had issues with the bill, too, but Thune deemed the legislation "sufficient."
Driving the news: The House and Senate voted to pass the Epstein Files Transparency Act on Tuesday, sending it to Trump's desk.
- The bill would compel the Justice Department to release all files and documents — including flight logs and unclassified records — about convicted sex offender Jeffrey Epstein to the public, with some major exceptions
Reality check: Several roadblocks stand in the way of the public seeing the files in their entirety.
Here's why they may never see the light of day.
DOJ's active investigation into Clinton, others
Zoom in: The Epstein Files Transparency Act's language outlines how the attorney general could hold off from sharing the files.
- The bill says that any records or information that "would jeopardize an active federal investigation or prosecution" can be withheld or redacted.
- Last week, Trump called on the DOJ to launch an investigation into Epstein's ties to former President Bill Clinton, officials at JPMorgan Chase and others.
- Attorney General Pam Bondi later confirmed the DOJ would investigate Epstein's ties to "people and institutions," including LinkedIn founder Reid Hoffman and economist Larry Summers, who resigned from OpenAI's board Wednesday.
What they're saying: Rep. Thomas Massie (R-Ky.), the sponsor of the House bill, told ABC's "This Week" that the DOJ's new investigation might be a "smokescreen" and "a last-ditch effort to prevent the release of the Epstein files."
- "If they have ongoing investigations in certain areas, those documents can't be released," he said.
- Ty Cobb, a former White House lawyer during Trump's first term, told CNN that Trump and Bondi could use the investigation to avoid releasing files.
- "I think it'll be a long time before we ever see anything, although there are certain documents that could be easily produced."
Yes, but: The bill acknowledges that the withholdings must be "narrowly tailored and temporary" — meaning files could eventually be released.
- It's unclear when that would be, though, and how long the DOJ's investigation would last.
Trump could veto it
President Trump still has to sign the bill for it to become law.
- If he declines to sign or veto it within 10 days, then it becomes law without his signature.
- If Trump vetoes the bill (a possibility that Johnson did not rule out), it will be returned to the House — which can then attempt to override it with a two-thirds majority vote. The bill passed the House, 427-1, with Rep. Clay Higgins (R-La.) as the lone "no" vote.
- The Senate, which passed the bill unanimously, would then have to attempt an override vote, which requires a two-thirds majority.
- Only if both chambers agree to override does the bill become law without the president's signature.
Grand jury records are still blocked
Flashback: Judges have previously blocked the unsealing of court records related to probes into Epstein and his co-conspirator Ghislaine Maxwell.
- The Trump administration faced several legal roadblocks over the release of grand jury materials.
- The government has argued that the documents are of "historical interest" to the public and should qualify as a "special circumstance" for release.
Trump, DOJ already released Epstein files
President Trump has the power to release the Epstein files on his own because he controls the DOJ, which could release the documents without the need for Congress' approval.
- This has already happened, as the DOJ has turned over thousands of documents to the House Oversight Committee.
- In February, the DOJ released more than 100 pages of documents related to the Epstein probe. At the same time, Bondi asked the FBI to investigate why more files weren't released.
- In July, the DOJ and FBI concluded in a memo that there was no evidence that Epstein blackmailed powerful figures, kept a "client list" or was murdered.
- The DOJ then released a video — in both raw and "enhanced" versions — of Epstein's prison cell on the night he died.
When Epstein files could be released
Zoom out: Files related to the Epstein probe could still drip out — as they've already done from the DOJ and House Oversight Committee releases — but they might contain redactions.
- The DOJ can withhold classified information, including anything that should be kept secret due to "national defense or foreign policy," per the bill.
The bill explains that the attorney general "may withhold or redact" records that include the following:
- Victims' names, medical files and identifying information.
- Child sex abuse materials.
- Images of death, abuse or injury.
- Classified information.
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