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Ex-DOJ Witness Protection Official Sues for Reinstatement After Secretly Recorded Epstein Comments

Joseph Schnitt, a veteran DOJ attorney who helped oversee the Witness Security Program, is suing to be reinstated after being fired when a conservative group released secretly recorded footage of him criticizing the department’s handling of Epstein-related records. Schnitt says his remarks were private, reflected media reports rather than official knowledge, and are protected speech. The suit alleges the recording was a setup, accuses DOJ of violating the Privacy Act by publishing an internal email, and argues that the Merit Systems Protection Board cannot practically provide relief.

Joseph Schnitt, a longtime Justice Department attorney who served as acting deputy chief of the DOJ’s Witness Security Program, filed a lawsuit in U.S. District Court in Washington seeking reinstatement after he was dismissed in September following the release of secretly recorded video in which he criticized the department’s handling of records tied to Jeffrey Epstein.

The recording, published by a conservative media figure, shows Schnitt predicting partisan redactions of Epstein-related files and suggesting that the transfer of convicted associate Ghislaine Maxwell to a minimum-security facility contravened DOJ policy and could amount to "offering her something to keep her mouth shut." Attorney General Pam Bondi fired Schnitt one day after the clips were posted, calling his remarks "publicly inappropriate comments that were detrimental to the interests of the Department."

In his complaint, Schnitt — represented by attorney Mark Zaid — says he had no personal knowledge of the Epstein or Maxwell prosecutions and that his remarks reflected public reporting and informal conversation, not official information. Zaid argues the conversation took place during non-duty hours and that Schnitt did not know he was being recorded, making the exchange protected private speech on a matter of public concern.

The lawsuit describes the encounter as a "complete set up" and alleges that at least some of the recording violated Washington, D.C. law. It says the woman who identified herself as "Skylar" in the video is Dominique Phillips, a former marketing administrator at Turning Point USA, and that Schnitt first met her on the dating app Hinge. According to the filing, Schnitt met "Skylar" for lunch in Alexandria, Virginia, in August and later for a second date in Washington. He says he was surprised by the number of questions she asked about the Epstein files but assumed it was due to the story's prominence in the news.

The complaint also accuses the Justice Department of violating the Privacy Act by posting an internal email Schnitt sent his supervisor after being notified that the footage would be released. In that email, Schnitt described his comments as "my own personal comments from what I learned in the media and not from anything I’ve done at or learned via work." The suit asserts that the published clips omitted portions of the conversation in which Schnitt repeatedly denied any personal knowledge of the matters.

Schnitt sought to bring his claim in federal court rather than before the Merit Systems Protection Board (MSPB). The Trump administration has argued that many disputes over federal employee discipline or dismissal fall under MSPB jurisdiction, not the federal courts. The lawsuit counters that the MSPB cannot provide effective relief because of an "exponential increased caseload" and contends the board lacks practical authority to overturn personnel decisions taken under the president’s claimed constitutional authority.

"Federal employees do not lose their privacy simply because they work for the U.S. government, nor do they forfeit their constitutional rights of free speech or to hold personal opinions," Zaid said in a statement, adding that Schnitt was denied due process.

A Justice Department spokesperson declined to comment. Representatives for Turning Point USA and the media figure who published the video did not immediately respond to requests for comment.

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