The Justice Department told a federal judge it cannot appoint an independent expert to oversee public releases of documents in the Epstein and Maxwell investigations, arguing members of Congress lack legal standing to seek that relief. Reps. Ro Khanna and Thomas Massie sought a special master after alleging only 12,000 of more than 2 million documents have been released and accusing the DOJ of possible misconduct. DOJ said redactions to protect victims explain the slower pace and said it will update the court "again shortly." The judge will weigh the competing filings.
Justice Department Says Congress Lacks Standing To Seek Monitor Over Epstein File Releases
Documents that were included in the U.S. Department of Justice release of the Jeffrey Epstein files are photographed Friday, Jan. 2, 2026. (AP Photo/Jon Elswick)(ASSOCIATED PRESS)
Manhattan's top federal prosecutor told a federal judge Friday that the court does not have the authority to appoint a neutral expert or independent monitor to oversee the public release of documents from the sex trafficking investigations into financier Jeffrey Epstein and British socialite Ghislaine Maxwell.
In a letter to U.S. District Judge Paul A. Engelmayer, U.S. Attorney Jay Clayton urged the court to deny a request made by congressional backers of the Epstein Files Transparency Act to name a special master or independent monitor to supervise the document-production process.
Two members of Congress — Rep. Ro Khanna (D-Calif.) and Rep. Thomas Massie (R-Ky.) — had argued they have “urgent and grave concerns” about the pace and completeness of disclosures after only a small fraction of records began to be released last month. In filings, the lawmakers said they believe "criminal violations have taken place" during the release process and described the pace of disclosures as inadequate.
Clayton countered that Khanna and Massie lack legal standing to seek such an "extraordinary" remedy and that the court "lacks the authority" to appoint a neutral expert on the request of nonparties to the underlying criminal case. That criminal case led to Maxwell's December 2021 conviction on sex-trafficking charges and her subsequent 20-year sentence for recruiting women and girls for Epstein to abuse and for aiding that abuse.
Epstein died in federal custody in New York in August 2019 while awaiting trial on sex-trafficking charges; his death was ruled a suicide.
The Justice Department said it will provide the court with another update "again shortly" on progress producing records from the investigative files. DOJ officials have repeatedly cited required redactions meant to protect the privacy and safety of alleged victims as a key reason the public release has been slower than some members of the public and Congress expect.
Khanna and Massie said the department had released roughly 12,000 documents out of more than 2 million under review and called that pace a "flagrant violation" of the law's disclosure requirements that has caused "serious trauma to survivors." They urged the court to appoint an independent monitor empowered to ensure all documents and electronically stored information are made public promptly and to prepare reports on the nature and scope of the document production, including whether improper redactions or other misconduct occurred.
Next steps: Judge Engelmayer will consider the competing filings. The court's decision will determine whether an outside monitor can be appointed — or whether the DOJ will continue handling the production with internal oversight and periodic updates to the court.
Why it matters: The dispute underscores public scrutiny over how sensitive investigative records are redacted and released, tensions between transparency and victim privacy, and limits on third-party interventions in ongoing criminal matters.
Help us improve.
