Latest / The Epstein Chronicles / Federal Judge Orders DOJ to Expedite Epstein FOIA Requests (Part 3) (10/2/26)

Transcript

Federal Judge Orders DOJ to Expedite Epstein FOIA Requests (Part 3) (10/2/26) · The Epstein Chronicles

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  Speaker 1: What's up everyone and welcome to another episode of the
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  Speaker 1: Epstein Chronicles. In this episode we're diving right back in
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  Speaker 1: to the order in the matter of the lawsuit brought
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  Speaker 1: by the Democracy Defenders Fund against the DOJ in regards
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  Speaker 1: to FOIAs to DDF's July 28th 2025 request. DDF has
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  Speaker 1: also shown that it's entitled to expedited processing under 28
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  Speaker 1: CFR section 16.5 for its July 28th 2025 requests to DOJ, CRM,
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  Speaker 1: and OAG, DAG. These identical requests sought records of communication
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  Speaker 1: between top officials at DOJ and personnel related to the
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  Speaker 1: handling and investigation of the Epstein files. In other words,
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  Speaker 1: while DDF's July 22nd request concerned records from the Epstein
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  Speaker 1: files that contained certain keywords, its July 28th request concerned
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  Speaker 1: records regarding the federal government's investigation of and the handling
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  Speaker 1: of the Epstein files. DDF has shown that its July
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  Speaker 1: 28 request concerned a matter of widespread and exceptional media interest. Again,
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  Speaker 1: DDF's requests cite dozens of timely articles from a variety
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  Speaker 1: of reputable sources. These articles indicated widespread, ongoing national attention
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  Speaker 1: to the issue of the government's handling of the Epstein files.
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  Speaker 1: The coverage also emphasized that the high-level officials identified in
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  Speaker 1: DDF's requests were intimately involved with handling the Epstein files.
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  Speaker 1: For instance, NPR reported that Attorney General Bondi, FBI Director
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  Speaker 1: Kash Patel, and FBI Deputy Director Dan Bongino were at
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  Speaker 1: odds with each other over the handling of the Epstein
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  Speaker 1: case and ensuing public backlash. DDF also identified reports that
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  Speaker 1: President had directed Attorney General Bondi to produce grand jury
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  Speaker 1: testimony related to Epstein, and that Attorney General Bondi and
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  Speaker 1: Deputy Attorney General Blanch had signed a motion to unseal
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  Speaker 1: Such transcripts shortly thereafter. Considering the extensive media coverage identified
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  Speaker 1: in DDF's requests, it has met the first prong of
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  Speaker 1: 28 CFR. DDF has also established that this widespread media
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  Speaker 1: coverage raises possible questions about the government's integrity that affect
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  Speaker 1: public confidence. Again, DDF's request cite to polling that revealed
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  Speaker 1: 69% of Americans thought the federal government was hiding details
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  Speaker 1: about Epstein's clients. July 17, 2025, Reuters poll. DDF requests
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  Speaker 1: also cite reports that raise possible questions about the conduct
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  Speaker 1: of high-level officials identified by DDF. With respect to former
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  Speaker 1: Attorney General Bondi, for instance, there are reports documenting her
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  Speaker 1: seemingly contradictory statements about the existence of certain Epstein files,
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  Speaker 1: in addition to reports that she had pressured approximately 1,000
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  Speaker 1: FBI personnel in 24-hour shifts to review an estimated 100,000
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  Speaker 1: Epstein-related records, and to flag any records in which President
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  Speaker 1: Trump was mentioned. All in all, the reporting identified by
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  Speaker 1: DDF raises possible questions of government integrity that would reasonably
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  Speaker 1: affect public confidence in the government. Accordingly, the court concludes
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  Speaker 1: that DDF is entitled to expedited processing under 28 CFR
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  Speaker 1: Section 16.5 for its July 28, 2025 request to DOJ
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  Speaker 1: CRM and OAG, OD, AG. 3. DOJ's argument that DDF's
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  Speaker 1: requests are overbroad. The DOJ argues that any order of
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  Speaker 1: expedition must be narrowed to exclude any request for records
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  Speaker 1: that is overbroad. A request for expedited processing under applicable
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  Speaker 1: DOJ regulation must be reasonably tailored to the matter generating
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  Speaker 1: media attention. Democracy Forward, 3D at 12. The court is
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  Speaker 1: largely satisfied that DDF's requests are closely related to the
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  Speaker 1: underlying matters generating the relevant media attention. The court agrees
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  Speaker 1: with DOJ, however, with respect to two specific aspects of
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  Speaker 1: DDF's July 28, 2025 request to DOJ CRM. The relevant
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  Speaker 1: requests are DDF's request for records of all communication, including
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  Speaker 1: but not limited to letters, faxes, emails, voicemails, direct messages,
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  Speaker 1: or any form of electronic message, regardless of whether maintained
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  Speaker 1: on an official device or account or a personal device
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  Speaker 1: or account that would refer to Jeffrey Epstein or Ghislaine Maxwell,
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  Speaker 1: or any codename, codeword, pseudonym, or cryptonym used for identifying
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  Speaker 1: Jeffrey Epstein or Ghislaine Maxwell, that were sent from, received by,
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  Speaker 1: or transmitted to any Department of Justice official including but
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  Speaker 1: not limited to Attorney General Pamela Bondi, Deputy Attorney General
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  Speaker 1: Todd Blanche, Principal Associate Deputy Attorney General Amil Bove, FBI
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  Speaker 1: Director Kash Patel, and FBI Deputy Director Dan Bongino. This
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  Speaker 1: includes any attachments including but not limited to meeting agendas, minutes, notes, memos,
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  Speaker 1: briefing materials, drafts, presentations, or analysis created, received, or reviewed
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  Speaker 1: by agency personnel. This request includes direct correspondence as well
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  Speaker 1: as communications facilitated by or through third parties and electronic
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  Speaker 1: copies of all calendar entries or meeting invitations for any
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  Speaker 1: department official, including but not limited to Attorney General Bondi,
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  Speaker 1: Deputy Attorney General Blanche, Principal Associate Deputy Attorney General Emil Bove,
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  Speaker 1: FBI Director Kash Patel, or FBI Director Dan Bongino, including
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  Speaker 1: any calendars maintained on their behalf that reference Jeffrey Epstein
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  Speaker 1: or Ghislaine Maxwell, or any codename, code word, pseudonym, or
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  Speaker 1: cryptonym used for identifying Jeffrey Epstein or Ghislaine Maxwell. For
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  Speaker 1: any such calendar entries or meetings invites produced, please also
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  Speaker 1: provide any related material including recordings, transcripts, agendas, minutes, notes, memos,
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  Speaker 1: briefing materials, drafts, presentations, or analysis created, received, or reviewed
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  Speaker 1: for use during or in preparation of such a meeting.
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  Speaker 1: The court finds the highlighted language in the above request
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  Speaker 1: to be overbroad. The record supports expedition for these requests
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  Speaker 1: as they relate to the specifically identified DOJ officials, i.e.
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  Speaker 1: Attorney General Pamela Bondi, Deputy Attorney General Todd Blanche, Principal
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  Speaker 1: Associate Deputy Attorney General Amil Bove, FBI Director Kash Patel,
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  Speaker 1: and FBI Director Dan Bongino. These officials were the focus
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  Speaker 1: of the media report cited by DDF in its July
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  Speaker 1: 28th request, but the record does not support expedition for
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  Speaker 1: these requests as they relate any DOJ official. The report
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  Speaker 1: cited by DDF did not raise possible questions about the
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  Speaker 1: government's integrity outside of the specific officials identified in DDF's request.
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  Speaker 1: Requiring DOJ to expedite processing for this request as to
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  Speaker 1: any DOJ official would therefore be unwarranted. Under the applicable
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  Speaker 1: DOJ regulation, DDF is entitled to expedited processing on the
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  Speaker 1: entirety of its July 22nd request to DOJ CRM. DDF
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  Speaker 1: is also entitled to expedited processing on the bulk of
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  Speaker 1: its July 28th request to DOJ, CRM, and ODAG. The
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  Speaker 1: only portions of DDF's July 28th request to which it's
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  Speaker 1: not entitled to expedited processing are the portions in which
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  Speaker 1: DDF requests records in connection to any DOJ official. The
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  Speaker 1: court has highlighted the relevant language within the context of
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  Speaker 1: the complete request above. These specific portions of DDF's July
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  Speaker 1: 28th requests are overbroad. Accordingly, the court shall grant DDF's
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  Speaker 1: request for expedited processing in full except for the highlighted
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  Speaker 1: text in the above requests. In sum, the court concludes
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  Speaker 1: that the entirety of DDF's July 22, 2025 request to
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  Speaker 1: DOJ CRM is entitled to expedited processing under CFR 28,
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  Speaker 1: Section 16.5, E1, 4. The court further concludes that the
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  Speaker 1: bulk of DDF's July 28th, 2025 request to DOJ, CRM,
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  Speaker 1: and OAG, ODAG are entitled to expedited processing under 28
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  Speaker 1: CFR section 16.5. However, as detailed above Supra section 3, A3,
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  Speaker 1: the court shall narrow the scope of DDF's first and
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  Speaker 1: third request to require only that DOJ provide expedited processing
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  Speaker 1: as to the specific DOJ official identified in the request
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  Speaker 1: and not any DOJ official. ACCORDINGLY, THE COURT SHALL GRANT
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  Speaker 1: IN PART AND DENY IN PART DDF'S MOTION FOR SUMMARY
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  Speaker 1: JUDGMENT WITH RESPECT TO ITS REQUEST FOR EXPEDITED PROCESSING UNDER
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  Speaker 1: 28 CFR. 16. 5. B. DDF HAS NOT SHOWN THAT IT'S ENTITLED
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  Speaker 1: TO EXPEDITED PROCESSING UNDER FOIA'S COMPELLING NEED STANDARD BECAUSE IT
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  Speaker 1: HAS NOT SHOWN THAT IT IS AN ENTITY PRIMARILY ENGAGED
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  Speaker 1: IN DISSEMINATING INFORMATION. FOIA provides for expedited processing for requests
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  Speaker 1: for records in cases in which the person requesting the
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  Speaker 1: records demonstrates a compelling need. U.S. Code 5, Section 552.
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  Speaker 1: With respect to a request made by a person primarily
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  Speaker 1: engaged in disseminating information, urgency to inform the public concerning
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  Speaker 1: actual or alleged government activity constitutes a compelling need. This
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  Speaker 1: standard is to be narrowly applied, given the finite resources
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  Speaker 1: generally available for fulfilling the FOIA requests. A district court
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  Speaker 1: must review an agency's decision about whether to grant expedited processing,
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  Speaker 1: de novo, based on the record that was before the
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  Speaker 1: agency at the time of its decision, El Fayed v. CIA, d.
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  Speaker 1: Circuit 2001. DOJ argues that 1. DDF is not primarily
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  Speaker 1: engaged in disseminating information and 2. that even if it is,
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  Speaker 1: it is shown in urgency to inform the public concerning
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  Speaker 1: actual or alleged federal government activity for the reasons stated below.
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  Speaker 1: The court concludes that on the present record, DDF has
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  Speaker 1: not shown that it's entitled to expedited processing under FOIA's
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  Speaker 1: compelling need because it has not shown that it's primarily
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  Speaker 1: engaged in disseminating information. Because DDF has not met the
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  Speaker 1: first prong of this standard, the court shall not consider
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  Speaker 1: whether it has met the standard. All right, folks, we're
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  Speaker 1: going to wrap up right here. And in the next episode,
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  Speaker 1: we're going to finish this bad boy off. All the
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  Speaker 1: information that goes with this episode can be found in
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  Speaker 1: the description box.