Latest / The Vault: The Epstein Files / Federal Judge Orders DOJ to Expedite Epstein FOIA Requests (Part 2) (10/1/26)

Transcript

Federal Judge Orders DOJ to Expedite Epstein FOIA Requests (Part 2) (10/1/26) · The Vault: The Epstein Files

• 0:00
  Speaker 1: What's up, everyone, and welcome to another episode of the
• 0:03
  Speaker 1: Epstein Chronicles. In this episode, we're getting right back to
• 0:06
  Speaker 1: the lawsuit filed by Defenders of Democracy against DOJ in
• 0:11
  Speaker 1: regards to FOIA requests. See the present litigation. DDF initiated
• 0:18
  Speaker 1: this litigation on August 21st, 2025. DDF's initial complaint concerned
• 0:23
  Speaker 1: only its July 22nd DOJ CRM request. It alleged that
• 0:29
  Speaker 1: DOJ CRM had failed to conduct adequate searches for responsive records,
• 0:34
  Speaker 1: wrongfully withheld non-exempt responsive records, failed to grant DDF's request
• 0:38
  Speaker 1: for a waiver of fees, and failed to grant DDF's
• 0:41
  Speaker 1: request for expedited processing. On September 11, 2025, DDF filed
• 0:47
  Speaker 1: the first amended complaint as of right. DDF's amended complaint
• 0:52
  Speaker 1: added the July 28 DOJ CRM request and raised the
• 0:56
  Speaker 1: same allegations. Shortly thereafter, the court granted DDF leave to
• 1:00
  Speaker 1: file the second amended complaint, which added the July 28th
• 1:04
  Speaker 1: OAG-ODAG request. DDF now moves for summary judgment on its
• 1:10
  Speaker 1: request for expedited processing on these three requests under U.S.
• 1:14
  Speaker 1: Code 5, Section 552A6E and CFR 28, Section 16.5E14. 2.
• 1:17
  Speaker 1: Legal Standard Summary judgment is appropriate only if there is
• 1:28
  Speaker 1: no genuine dispute as to any material fact and the
• 1:31
  Speaker 1: movement is entitled to judgment as a matter of law.
• 1:35
  Speaker 1: The party seeking expedited review of a FOIA request has
• 1:39
  Speaker 1: the burden of showing that expedition is warranted. FOIA provides
• 1:43
  Speaker 1: for expedited processing of requests for records in 1. cases
• 1:48
  Speaker 1: in which the person requesting the records demonstrates a compelling
• 1:51
  Speaker 1: need and 2. in other cases determined by the agency.
• 1:54
  Speaker 1: 5 U.S. Code Section 552 A6EI. Under the first expedited
• 2:02
  Speaker 1: processing prong the term compelling, need means either 1. that
• 2:05
  Speaker 1: a failure to obtain requested records on an expedited basis
• 2:09
  Speaker 1: could reasonably be expected to pose an imminent threat to
• 2:12
  Speaker 1: life or physical safety of an individual, or 2. with
• 2:16
  Speaker 1: respect to a request made by a person primarily engaged
• 2:19
  Speaker 1: in disseminating information, urgency to inform the public concerning the
• 2:24
  Speaker 1: actual or alleged federal government activity. ID at Section 552, A, 6, E,
• 2:29
  Speaker 1: and V. A district court must review, de novo, an
• 2:33
  Speaker 1: agency's denial of a request for expedition under the first
• 2:37
  Speaker 1: expedited processing prong, El Fayed v. CIA, D.C. Circuit 2001.
• 2:44
  Speaker 1: Under the second prong, DOJ has promulgated regulations that provide,
• 2:48
  Speaker 1: in relevant part, that requests shall be processed on all
• 2:51
  Speaker 1: expedited basis under whenever it's determined that they involve a
• 2:55
  Speaker 1: matter of widespread and exceptional media interest in which there
• 2:58
  Speaker 1: exist possible questions about the government's integrity and affect public confidence.
• 3:04
  Speaker 1: A regulation promulgated in response to the second prong expressed
• 3:07
  Speaker 1: delegation of authority to an individual agency is entitled to
• 3:11
  Speaker 1: judicial deference, as in each agency's reasonable interpretation of its
• 3:16
  Speaker 1: own regulations. El-Fayed 7. Citing United States v. Mead Corp.
• 3:23
  Speaker 1: 2001 However, when a case involves a constructive denial, the
• 3:27
  Speaker 1: court has no agency reasoning to which it could defer.
• 3:30
  Speaker 1: It has only the post hoc arguments of government counsel.
• 3:34
  Speaker 1: Democracy Forward 2019 Accordingly, a court need not give blanket
• 3:40
  Speaker 1: deference to an agency's constructive denial of an expedited processing request.
• 3:46
  Speaker 1: Part 3 Analysis DDF argues that it's entitled... to expedited
• 3:50
  Speaker 1: processing on two bases. PI's memorandum at 15. First, DDF
• 3:55
  Speaker 1: argues that it's entitled to expedition under DOJ's own regulations
• 4:01
  Speaker 1: because it has established that there is no material factual dispute,
• 4:05
  Speaker 1: that its FOIA requests involve a matter of widespread and
• 4:09
  Speaker 1: exceptional media interest in which there exist possible questions about
• 4:13
  Speaker 1: government integrity that affect public confidence. Second, DDF argues that
• 4:18
  Speaker 1: that it's entitled to expedited processing under the compelling need
• 4:22
  Speaker 1: prong of the FOIA statute because DDF is an entity
• 4:25
  Speaker 1: primarily engaged in disseminating information and there is urgency to
• 4:30
  Speaker 1: inform the public of the information sought in the request,
• 4:34
  Speaker 1: which relates to the federal government's activities. The court shall
• 4:37
  Speaker 1: address each argument in turn. Upon doing so, the court
• 4:40
  Speaker 1: concludes that DDF is entitled to expedited processing under DOJ's regulations,
• 4:45
  Speaker 1: but not the compelling need Prong of FOIA. A. DDF
• 4:50
  Speaker 1: has shown that it's entitled to expedited processing under DOJ's
• 4:54
  Speaker 1: regulations because its requests concern matters of widespread and exceptional
• 4:59
  Speaker 1: media interest in which there exist possible questions about government
• 5:02
  Speaker 1: integrity that affect public confidence. To qualify for expedited review
• 5:08
  Speaker 1: under CFR 28 Section 16.5, a requester must show that 1.
• 5:14
  Speaker 1: There is widespread and an exceptional media interest in a
• 5:17
  Speaker 1: specific matter, and 2. that coverage of the specific matter
• 5:21
  Speaker 1: raises possible questions about the government's integrity that affect public confidence.
• 5:26
  Speaker 1: In evaluating whether there is widespread and exceptional media interest,
• 5:30
  Speaker 1: courts in this district consider 1. the number of articles
• 5:33
  Speaker 1: cited in the expedited processing request, 2. the dates of
• 5:37
  Speaker 1: those articles were published, 3. whether those articles were published
• 5:40
  Speaker 1: in a variety of publications, and 4. whether the articles...
• 5:45
  Speaker 1: indicate that there is widespread national attention on the issue.
• 5:48
  Speaker 1: As to whether the relevant coverage raises possible questions of
• 5:51
  Speaker 1: government integrity that affect public confidence, a requester need not
• 5:56
  Speaker 1: point to actual evidence of government misconduct, they need only
• 5:59
  Speaker 1: show possible questions regarding government integrity. The primary way to
• 6:04
  Speaker 1: determine whether such possible questions exist is by examining the
• 6:08
  Speaker 1: state of public coverage of the matter at issue, and
• 6:11
  Speaker 1: whether the coverage surfaces possible ethics issues to potentially significant
• 6:16
  Speaker 1: as to reduce public confidence in government institutions. The court
• 6:21
  Speaker 1: shall consider whether DDF has met its burden on this
• 6:24
  Speaker 1: standard with respect to each of its FOIA requests at issue.
• 6:27
  Speaker 1: Because the case concerns DOJ constructive denial of expedited processing,
• 6:32
  Speaker 1: the court shall review the record de novo. Upon doing so,
• 6:36
  Speaker 1: the court concludes that DDF is entitled to expedited processing
• 6:40
  Speaker 1: under the relevant DOJ regulation. 1. DDF's July 22, 2025 request.
• 6:48
  Speaker 1: DDF has shown that it's entitled to expedited processing under
• 6:52
  Speaker 1: CFR 28, Section 16.5 for its July 22, 2025 request
• 6:59
  Speaker 1: to DOJ CRM, which sought records from DOJ's investigation of
• 7:03
  Speaker 1: Epstein and or Maxwell that refer to variations of the
• 7:06
  Speaker 1: term Donald Trump and Mar-a-Lago. DDF's July 22 request clearly
• 7:11
  Speaker 1: showed that there was a widespread and exceptional media interest
• 7:15
  Speaker 1: in DOJ's investigation into Epstein and Maxwell and its connection
• 7:18
  Speaker 1: to the keywords identified by DDF. DDF Request cites more
• 7:24
  Speaker 1: than two dozen articles concerning the connection between DOJ's investigation
• 7:28
  Speaker 1: of Epstein and Maxwell and the keyword identified by DDF.
• 7:33
  Speaker 1: These articles were written close to time to DDF's request
• 7:36
  Speaker 1: and appeared in a range of prominent newspapers. including the
• 7:39
  Speaker 1: New York Times, Washington Post, the Wall Street Journal, major
• 7:43
  Speaker 1: wire services, including the Associated Press and Reuters, and well-known
• 7:47
  Speaker 1: broadcast outlets including ABC, BBC, Fox News, and NPR. Most importantly,
• 7:53
  Speaker 1: the substance of these articles indicates widespread national attention to
• 7:57
  Speaker 1: the issue, as illustrated in the following titles. Trump lashes
• 8:01
  Speaker 1: out at supporters for fixating on Epstein hoax. An accuser's
• 8:05
  Speaker 1: story suggests how Trump might appear in the Epstein files.
• 8:09
  Speaker 1: Trump tells supporters not to waste their time on the
• 8:11
  Speaker 1: Epstein files. They're not happy. DDF has their form at
• 8:15
  Speaker 1: the first prong of 28 CFR 16.5. DDF also established
• 8:21
  Speaker 1: that the widespread media coverage raises possible questions about the
• 8:25
  Speaker 1: government's integrity that affect public confidence. The primary way to
• 8:29
  Speaker 1: determine whether such possible questions exist is by examining the
• 8:33
  Speaker 1: state of public coverage of the matter at issue and whether,
• 8:37
  Speaker 1: that coverage surfaces possible ethics issues so potentially significant as
• 8:42
  Speaker 1: to reduce public confidence in governmental institutions. A Reuters poll
• 8:46
  Speaker 1: that was cited by DDF in its requested revealed that
• 8:50
  Speaker 1: 69% of Americans thought the federal government was hiding details
• 8:54
  Speaker 1: about Epstein's clients. Furthermore, reporting on the issue highlighted the
• 8:58
  Speaker 1: apparent inconsistency between Donald Trump's pre-election promise to declassify the
• 9:03
  Speaker 1: Epstein files and his administration's post-election handling of the files.
• 9:09
  Speaker 1: This reporting also explored Donald Trump's friendship with Epstein. For instance,
• 9:14
  Speaker 1: the Wall Street Journal reported that President Trump had written
• 9:17
  Speaker 1: a birthday note to Epstein in 2003, which included a
• 9:20
  Speaker 1: drawing of a naked woman, Trump's name written below the
• 9:23
  Speaker 1: woman's waist, in what appeared to be his handwriting, and
• 9:27
  Speaker 1: a note referencing a secret the two men shared. Defense
• 9:31
  Speaker 1: responds at 19, citing multiple sources. All in all, the
• 9:35
  Speaker 1: coverage cited by DDF surfaced possible ethical issues that had
• 9:39
  Speaker 1: the potential to reduce public confidence in governmental institutions. Accordingly,
• 9:44
  Speaker 1: the court concludes that DDF is shown it's entitled to
• 9:48
  Speaker 1: expedited processing under 28 CFR section 16.5E14 on its July 22nd,
• 9:56
  Speaker 1: 2025 request to DOJ CRM. All right, folks, we're going
• 10:02
  Speaker 1: to wrap up right there. And in the next episode,
• 10:04
  Speaker 1: we're going to pick up with number two. DDF's July 28th,
• 10:09
  Speaker 1: 2025 request. All the information that goes with this episode
• 10:12
  Speaker 1: can be found in the description box.