Latest / The Epstein Chronicles / The DOJ Moves To Dismiss The Epstein Related Lawsuit Filed By New Mexico (Part 1) (10/18/26)

Transcript

The DOJ Moves To Dismiss The Epstein Related Lawsuit Filed By New Mexico (Part 1) (10/18/26) · 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 going to begin taking
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  Speaker 1: a look at a motion filed by the government looking
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  Speaker 1: to dismiss the case or get a summary judgment. Case
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  Speaker 1: number 126-CV-02762-AHA. State of New Mexico Plaintiff, Department of Justice, Defendant.
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  Speaker 1: the Memorandum of Points and Authorities in Support of Defendants
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  Speaker 1: Motion to Dismiss or in the Alternative Motion for Summary Judgment.
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  Speaker 1: Introduction The State of New Mexico challenges the Department of
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  Speaker 1: Justice decision committed to agency discretion by law to decline
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  Speaker 1: to produce the full, unredacted Epstein files. New Mexico requested
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  Speaker 1: these files in a TUI request, which sought all of
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  Speaker 1: the millions of pages in the Epstein files and any
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  Speaker 1: related material. not just for records pertaining to events in
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  Speaker 1: New Mexico. The DOJ declined the TUI request, objecting to
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  Speaker 1: its overbreath, its inevitable violation of statutes and protective orders,
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  Speaker 1: and its interference with law enforcement investigative efforts. New Mexico's
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  Speaker 1: claim DOJ's failure to accede to their demands was arbitrary
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  Speaker 1: and capricious, not in accordance with the law, and in
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  Speaker 1: excess of statutory authority under the Administrative Procedure Act. The
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  Speaker 1: court should dismiss DOJ New Mexico's complaint, or in the alternative,
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  Speaker 1: it should grant DOJ's motion for summary judgment. As an
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  Speaker 1: initial matter, law enforcement to law enforcement information sharing is
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  Speaker 1: a matter of discretion, not subject to judicial review. Even
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  Speaker 1: if the court were to turn to the merits, New
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  Speaker 1: Mexico's complaint shows DOJ considered the TUI request under its
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  Speaker 1: regulatory framework and determined disclosure was unwarranted. Finally, the court
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  Speaker 1: should reject New Mexico's alternative argument that DOJ unlawfully withheld
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  Speaker 1: acting for the same reasons. Background. Statutory and regulatory background. A.
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  Speaker 1: The Epstein Files Transparency Act. On November 19, 2025, Congress
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  Speaker 1: enacted the Epstein Files Transparency Act with nearly unanimous bipartisan support.
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  Speaker 1: The EFTA directed the Attorney General to make all unclassified records, documents, communications,
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  Speaker 1: and investigative material in DOJ's possession publicly available. The EFTA
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  Speaker 1: granted the Attorney General discretion to withhold or redact certain
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  Speaker 1: categories of information. The EFTA also mandated certain reporting requirements
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  Speaker 1: to Congress and the public. DOJ made multiple disclosures pursuant
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  Speaker 1: to the EFTA on December 19th and December 23rd, 2025,
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  Speaker 1: followed by its most recent release on January 30th, 2026.
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  Speaker 1: DOJ issued a summary identifying the categories of records that
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  Speaker 1: were withheld and explained the legal basis for any redactions.
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  Speaker 1: See letter from Todd Blanche to Senate and House Judiciary Committees.
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  Speaker 1: DOJ also launched a searchable database containing millions of declassified
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  Speaker 1: records related to Jeffrey Epstein, the Epstein Library, on December 19, 2025. B.
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  Speaker 1: The Privacy Act The Privacy Act of 1974-1974 Pub L No. 93-579,
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  Speaker 1: Statute 88-1896, December 31, 1974, codified at 5 U.S. Code
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  Speaker 1: Section 552-2018, is the principal law governing the handling of
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  Speaker 1: personal information in the federal government, enacted in the wake
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  Speaker 1: of the Watergate and Counterintelligence Program scandals involving illegal surveillance
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  Speaker 1: on opposition political parties, and individuals deemed to be subversive,
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  Speaker 1: the Privacy Act sought to restore trust in government and
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  Speaker 1: to address what at the time was seen as an
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  Speaker 1: existential threat to American democracy. The Privacy Act was later
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  Speaker 1: modified by Computer Matching and the Privacy Protection Act of 1988,
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  Speaker 1: extending the Privacy Act's protections to computer matching activities by
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  Speaker 1: agencies with requirements for certain additional internal agency procedures. C.
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  Speaker 1: DOJ's TUI Regulations The Housekeeping Statute 5 U.S. Code Section
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  Speaker 1: 301 provides that the head of an executive department may
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  Speaker 1: prescribe regulations for the government of his department, the conduct
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  Speaker 1: of its employees, the distribution and performance of its business,
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  Speaker 1: and the custody, use, and preservation of its records, papers,
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  Speaker 1: and property. Pursuant to the statute, the Attorney General has
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  Speaker 1: promulgated regulations governing requests for official information in state, or
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  Speaker 1: federal proceedings. The Supreme Court upheld the legality of these
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  Speaker 1: regulations in U.S. v. Tuohy v. Reagan, 1951, and thus
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  Speaker 1: the regulations are commonly known as Tuohy Regulations. Agencies may
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  Speaker 1: direct individuals seeking records to adhere to these Tuohy Regulations.
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  Speaker 1: DOJ's Tuohy Regulations provide that they apply in all federal
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  Speaker 1: and state proceedings in which the United States is not
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  Speaker 1: a party. CFR 28 Section 16.21a and 2. And generally
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  Speaker 1: barred disclosure. Section 16.22a. DOJ may authorize disclosure if there
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  Speaker 1: is no objection from the government component that created the
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  Speaker 1: requested material, hereafter the originating component, and if disclosure is
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  Speaker 1: appropriate considering, in relevant part, the following factors. 1. Whether
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  Speaker 1: disclosure is appropriate, under the rules of procedure governing the case,
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  Speaker 1: or matter in which the demand arose. 2. whether disclosure
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  Speaker 1: is appropriate under the relevant substantive law concerning privilege. Three,
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  Speaker 1: whether disclosure would violate a statute. Four, whether disclosure would
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  Speaker 1: reveal a confidential source or informant. And five, whether disclosure
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  Speaker 1: would reveal investigatory records compiled for law enforcement purposes and
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  Speaker 1: so would interfere with enforcement proceedings or disclose investigative techniques,
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  Speaker 1: whereas here the DOJ is the originating component. it may
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  Speaker 1: unilaterally determine the appropriateness of disclosure. If DOJ determines disclosure
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  Speaker 1: is not appropriate, it may instruct its attorneys not to
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  Speaker 1: comply with TUI requests pending review by the Attorney General. Two,
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  Speaker 1: factual and procedural background. New Mexico began its investigation into
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  Speaker 1: potential crimes at Jeffrey Epstein's Oro Ranch, located in Santa
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  Speaker 1: Fe County, New Mexico, in February 2019. DOJ declined New
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  Speaker 1: Mexico's initial offer to share information in mid-2019, stating that
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  Speaker 1: it was not in the position to share any information
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  Speaker 1: relating to the Epstein investigation or to discuss possible law
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  Speaker 1: enforcement coordination. New Mexico agreed to cease any investigation into
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  Speaker 1: sex trafficking and share whatever it had gathered with DOJ
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  Speaker 1: through the Southern District of New York's Attorney's Office, SDNY,
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  Speaker 1: during the subsequent phone call on July 23, 2019. Handwritten notes,
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  Speaker 1: ostensibly from the phone call, indicate that New Mexico agreed
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  Speaker 1: to refer all matters to SDNY, whereas SDNY will refer
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  Speaker 1: any state-related matters to New Mexico at the conclusion of
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  Speaker 1: the SDNY case. New Mexico provided DOJ with its investigative
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  Speaker 1: file relating to Epstein's activities within the state on September 17, 2019.
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  Speaker 1: DOJ reiterated, it would reach out to New Mexico should
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  Speaker 1: it learn of viable state-level charges that are not already
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  Speaker 1: covered by the federal investigation following the arrest of Glenn Maxwell.
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  Speaker 1: To date, DOJ has not referred any state-related matters to
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  Speaker 1: New Mexico concerning Epstein or his co-conspirators. New Mexico reopened
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  Speaker 1: its investigation into potential criminal activity at Zorro Ranch in
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  Speaker 1: February of 2026. On February 13, 2026, New Mexico sent
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  Speaker 1: DOJ a letter requesting immediate production of full, unredacted copies
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  Speaker 1: of all documents pertaining to an allegation that two female
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  Speaker 1: sex trafficking victims were buried at Zorro Ranch. New Mexico
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  Speaker 1: widened the scope of its request in March 13, 2026
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  Speaker 1: in a letter requesting general access to unredacted material relating
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  Speaker 1: to Zorro Ranch. On April 1, 2026, New Mexico spoke
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  Speaker 1: with DOJ's Associate Deputy Attorney General, Diego Pastana, regarding its request. Mr.
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  Speaker 1: Pastana requested that New Mexico submit a formal TUI request
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  Speaker 1: to the federal district of New Mexico's U.S. Attorney's Office.
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  Speaker 1: New Mexico Special Counsel Sean P. Sullivan sent a TUI
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  Speaker 1: request on May 3, 2026, requesting access to unredacted documents collected, assembled,
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  Speaker 1: and prepared in connection with the investigations and prosecution of
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  Speaker 1: Epstein and his associates, as well as any relevant non-privileged
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  Speaker 1: unreleased files. The TUI request stated that New Mexico is
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  Speaker 1: currently investigating potential felony offenses under its state criminal code.
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  Speaker 1: It also highlighted nine records as exemplary of patterns and
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  Speaker 1: practices of criminal behavior by Epstein, Maxwell, their associates that
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  Speaker 1: occurred in New Mexico and at Zorro Ranch. New Mexico
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  Speaker 1: requested this information to identify potential witnesses, identify potential unindicted perpetrators,
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  Speaker 1: verify travel movements, and conduct a more thorough examination of
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  Speaker 1: of criminal behavior in New Mexico. New Mexico requested DOJ
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  Speaker 1: respond by May 11, 2026. On May 29, 2026, after
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  Speaker 1: receiving no response from DOJ, New Mexico sent a letter
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  Speaker 1: to the then-acting Attorney General Todd Blatt and Mr. Pastana,
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  Speaker 1: again requesting access to the unredacted records. New Mexico then
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  Speaker 1: sent a follow-up letter on June 30th, 2026, in July 14th, 2026.
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  Speaker 1: New Mexico received DOJ's response, its original TUI request on
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  Speaker 1: July 14th, 2026. In that response, DOJ raised three primary
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  Speaker 1: objections to the request. Producing the millions of unredacted pages
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  Speaker 1: maintained in the Epstein Library is overbroad, unduly burdensome, and
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  Speaker 1: not reasonably related to the needs of the case since
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  Speaker 1: there is no pending case and the requests are not
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  Speaker 1: targeted to any particular fact or issue. Two, DOJ regulation
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  Speaker 1: prohibit disclosure if doing so would violate a statute or
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  Speaker 1: a rule of procedure. Here, the protective order states, entered
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  Speaker 1: an Epstein and Maxwell's criminal case, and the Privacy Act.
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  Speaker 1: And three, disclosure would interfere with enforcement proceedings, disclose investigative techniques,
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  Speaker 1: or violate a privilege. DOJ reaffirmed its position in an
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  Speaker 1: email from Sean Buckley, Deputy United States Attorney for SDNY,
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  Speaker 1: on July 31, 2026. Plaintiff filed suit on August 5, 2026,
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  Speaker 1: asserting two counts under the APA. Count one alleges DOJ's
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  Speaker 1: refusal to provide unredacted Epstein files in response to its
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  Speaker 1: TUI request is arbitrary and capricious, an abuse of discretion,
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  Speaker 1: and not in accordance with the law, because their objections
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  Speaker 1: are not permissible grounds for rejecting TUI requests under statute
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  Speaker 1: or agency regulations. Count II alleges if the court were
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  Speaker 1: to conclude DOJ's refusal was not a final agency action
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  Speaker 1: under the APA, or if the DOJ responds it's still
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  Speaker 1: considering the TUI request, which it does not argue, DOJ
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  Speaker 1: unlawfully withheld or reasonably delayed disclosure. New Mexico's request that
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  Speaker 1: the court direct DOJ to set aside their denial of
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  Speaker 1: New Mexico's TUI request, evaluate the request in accordance with
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  Speaker 1: DOJ's TUI regulations, and compel DOJ to take all agency
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  Speaker 1: action required by law, including but not limited to producing
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  Speaker 1: all unredacted Epstein files and related material. All right, folks,
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  Speaker 1: we're going to wrap up episode one right here. And
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  Speaker 1: in the next episode, we're going to pick up with
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  Speaker 1: the legal standard. All the information that goes with this
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  Speaker 1: episode can be found in the description box.