On Monday, August 10, Todd Blanche took the oath of office as attorney general, administered by federal appeals court judge Emil Bove, anoth
Thursday was the day that Judge Emmet Sullivan of the U.S. District Court for the District of Columbia held a status conference in the case of Phang v. Blanche. This is a lawsuit brought by independent journalist Katie Phang to force the Department of Justice to produce unredacted versions of documents from the Epstein files that she says were redacted against the explicit instructions in the Epstein Files Transparency Act. With that law, Congress ordered the Department of Justice to release all the files gathered by the FBI investigation into sex abuser Jeffrey Epstein, with redactions only to protect victims, no later than December 19, 2025.
Almost eight months later, the Department of Justice has refused to do so, probably producing about half the files, with many of the documents heavily redacted at the same time that it released some of the victim’s names, photographs, and identifying information.
As legal analyst Joyce White Vance explained in her Civil Discourse, Phang sued in April for access to an unredacted version of a handful of files, including emails about a “torture video” and sexual activity with girls, as well as notes from FBI interviews with a victim who claims Trump sexually assaulted her when she was 13 and materials in foreign languages, which the Department of Justice has not produced at all. She also asked the Department of Justice to explain why they made the redactions they did, something the law requires but the Justice Department has not done.
In late June, Sullivan granted Phang’s request.
But the Department of Justice under then–acting attorney general Todd Blanche, who interviewed Epstein associate Ghislaine Maxwell shortly before she was transferred to a far less restrictive prison that should have been inaccessible to a sex offender, did not turn over those documents.
So, in July, Sullivan ordered the government to turn over the unredacted documents to him so he could review them himself to see if the decision by the Department of Justice not to release them was correct. Once again, the Department of Justice refused. As for an explanation for why the department hadn’t explained the decisions to redact, the Justice Department lawyer told the judge the process was “underway” but couldn’t say when it would be done or why translating documents in foreign languages wasn’t practical. He claimed the materials the department is withholding are simply duplicates of things that have been released, but offered no proof of that assertion.
Ultimately, as Vance explains, Sullivan asked: ““So you’re saying I’ve learned everything I’m going to learn from the government?” The lawyer for the Department of Justice, Andrew Block, answered: “That’s right.”
Sullivan wasn’t satisfied. “The public has a right to know what the hell is going on in this case. The victims have a right to know. The court has a right to know. The law is still in full force and effect. The court is just ensuring compliance.”
To make it clear he was being reasonable, in expectation of a review from a higher court, Sullivan repeatedly told Block he was willing to work with the department, but warned that he had held prosecutors in contempt of court in the past. Sullivan gave Phang’s lawyers 10 days to propose an order to deal with the failure of the Department of Justice to comply with his orders to produce the files Phang requested.
The administration is also undermining another popular law. This week, under Trump, the Financial Crimes Enforcement Network (FinCEN) in the Treasury Department not only ended the registry Congress set up in 2021 over Trump’s veto to make shell companies identify their owners, but also destroyed all the data it has already collected.
