Judge Threatens DOJ Contempt Over Epstein Files

Judge Threatens DOJ Contempt Over Epstein Files

Hedcut engraving of a federal judge at the bench, leaning forward mid-question

The News

A federal judge warned the Justice Department on Thursday that its lawyers could be held in contempt of court for defying his orders to explain why parts of the Jeffrey Epstein files are still being withheld.

"I just don't want anyone to be blindsided if we have to go down that road," Washington, D.C. District Judge Emmet Sullivan said, according to The Independent. "It's not a threat. It's a promise. I have a job to administer justice, and I take that very seriously."

The hearing came in a lawsuit brought by journalist Katie Phang against Attorney General Todd Blanche, who accuses the Trump administration of violating the Epstein Files Transparency Act by failing to release all the files in its possession or adequately explain the ones it kept back.

What the Fight Is About

The central dispute is over FBI interview notes — the handwritten pages behind the typed witness reports agents file on a form known as a "302."

The department told the court the handwritten notes were "duplicative" of the typewritten reports and pointed to a January attorney general memo as the basis for that decision, according to an account of the hearing published by AlterNet.

Sullivan pressed on how he was supposed to verify that. "We can't just take at face value that the notes are substantially similar," he said, per AlterNet's account. "The only way to do this is to have the evidence."

The department's lawyer replied that it is normally "afforded the presumption of regularity" — that courts usually accept its rationale.

Among the challenged documents are investigators' interview notes from a woman who made unsubstantiated assault claims about Trump, which department officials deemed duplicative of the typed reports. The president has not been accused of criminal wrongdoing, and appearing in the Epstein files does not suggest otherwise. Other redactions allegedly cover the names of Epstein's interlocutors and potential co-conspirators, as well as survivors' names — which Sullivan's order did not require the department to release.

Timeline

2019

Epstein dies in prison while awaiting trial on sex trafficking charges.

Last year

President Trump signs the Epstein Files Transparency Act, which compelled the release of millions of documents from law enforcement investigations into Epstein and his associate Ghislaine Maxwell.

June 2026

Sullivan sides with Phang in her suit against Blanche, ordering the department to justify certain redactions, produce additional records supporting them, and publish the redaction log the law requires.

July 2026

Justice Department officials write in court filings that the government is "committed to transparency and compliance" but "strongly disagrees" with the judge's orders, arguing it "would contravene the settled application" of the law to produce unredacted versions of many records.

Last week

The department asks Sullivan to freeze deadlines in the case.

Tuesday

Phang's lawyers call that request a stalling tactic: "Defendant's request lacks any legal basis, and it also has no basis in reality. The Attorney General is obviously trying to delay this case, and this Court should not condone his tactics."

Thursday, Aug. 13

Sullivan holds a status hearing open to the public over a conference line and floats contempt proceedings.

Reactions

Sullivan explained why he refused to move the hearing behind closed doors: "The public has a right to know what the hell is going on in this case. The victims have a right to know. The public deserves to know."

The Justice Department says it has never "knowingly violated, nor has it ever acknowledged violating" the transparency law.

Former federal prosecutor Kristy Greenberg said on Bluesky that the department's duplicative-notes claim "isn't true," writing that "FBI 302 reports and corresponding handwritten notes were produced in the Epstein files" and asking why the department turned over handwritten notes for some 302s but not others, according to AlterNet.

Legal analyst Allison Gill, who followed the hearing, said department lawyer Andrew Block — added to the case less than 24 hours earlier — was not prepared to discuss the issues the judge had asked the department to address. "Their argument is 'you have to trust us, bro. We're the DOJ,'" she wrote.

What's Next

Sullivan has asked the department for additional proof supporting its decision to keep withholding the files. He is expected to review those materials behind closed doors, with attorneys present, before any additional documents are released.

If the department keeps rebuffing his orders, the judge has now put contempt proceedings on the table.

More

Blanche, Trump's former criminal defense attorney, was sworn in as attorney general this week after a protracted confirmation battle that focused in part on his handling of the Epstein files release. The administration has published millions of pages of documents but has been accused of withholding records tied to people in Epstein's orbit, including Trump.

Sources: The Independent, ABC News, Forbes, Raw Story, AlterNet.

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