Latest / The Vault: The Epstein Files / New Mexico And The Epstein Related Lawsuit Filed Against The DOJ (Part 6) (10/17/26)
Transcript
- 0:00Speaker 1: What's up everyone and welcome to another episode of the
- 0:03Speaker 1: Epstein Chronicles. In this episode, we're going to dive right
- 0:06Speaker 1: back in to New Mexico's lawsuit filed against Todd Blanche
- 0:11Speaker 1: and the DOJ. U.S. DOJ has ignored factors its own
- 0:15Speaker 1: TUI regulations require it to consider. Notably absent from all
- 0:20Speaker 1: of U.S. DOJ's responses and non-responses to NMDOJ's TUI requests
- 0:25Speaker 1: is any consideration of the factors Its own TUI regulations
- 0:29Speaker 1: require it to apply in deciding whether to disclose, pursuant
- 0:33Speaker 1: to 28 CFR 16.26c, if disclosure is necessary to pursue
- 0:38Speaker 1: a civil or criminal prosecution or affirmative relief, such as
- 0:42Speaker 1: an injunction, consideration shall be given to 1. The seriousness
- 0:47Speaker 1: of the violation or crime involved, the past history of
- 0:50Speaker 1: criminal record of the violator or accused, the importance of
- 0:54Speaker 1: relief sought, the importance of the legal issues presented, and
- 0:58Speaker 1: other matters brought to the attention of the deputy or
- 1:01Speaker 1: associate attorney general. USDOJ's own court filings underscore the seriousness
- 1:06Speaker 1: of Epstein and his associates' crimes. Over the course of
- 1:11Speaker 1: many years, Jeffrey Epstein sexually exploited and abused dozens of girls.
- 1:15Speaker 1: Sealed indictment, SDNY, July 2, 2019. Maxwell assisted, facilitated, and
- 1:23Speaker 1: contributed to Jeffrey Epstein's abuse of minor girls, among other things,
- 1:27Speaker 1: helping Epstein recruit, groom, and ultimately abuse victims known to
- 1:30Speaker 1: Maxwell and Epstein to be under the age of 18.
- 1:34Speaker 1: The victims were as young as 14 years old when
- 1:36Speaker 1: they were groomed and abused by Maxwell and Epstein, both
- 1:40Speaker 1: of whom knew that certain victims were in fact under
- 1:42Speaker 1: the age of 18. At sentencing, USDOJ relied on the
- 1:46Speaker 1: nature and seriousness of the offense, the harm to the victims,
- 1:49Speaker 1: the need to promote respect for the law. To seek
- 1:52Speaker 1: a sentence for Maxwell of $ 360, 000 to 660 months imprisonment, i.e.
- 1:59Speaker 1: 30 to 55 years. Government Sentencing Memo, Maxwell, Docket 670.
- 2:06Speaker 1: It's difficult to overstate the magnitude of Maxwell's crimes and
- 2:09Speaker 1: the harm she caused. By this point, it's hard to
- 2:13Speaker 1: imagine that Mr. Blanche, either as Deputy Attorney General or
- 2:17Speaker 1: now as Acting Attorney General, fails to appreciate the seriousness
- 2:20Speaker 1: of these matters. He claimed to understand, in his recent
- 2:23Speaker 1: Senate confirmation hearings, and he recently acceded to the demand
- 2:27Speaker 1: of the United States Senator to meet personally with survivors
- 2:31Speaker 1: of Epstein and his associates' crimes. There can be no
- 2:34Speaker 1: question that this is a particularly heinous circumstance. Regarding the
- 2:39Speaker 1: importance of the relief sought and legal issues presented, an
- 2:42Speaker 1: MDOJ is one of the few jurisdictions remaining that is
- 2:46Speaker 1: in a position to seek justice for survivors, and there's
- 2:49Speaker 1: no indication that despite persistent references to criminal conduct in
- 2:53Speaker 1: New Mexico, the true nature and extent of crimes committed
- 2:56Speaker 1: within the state, have been meaningfully investigated. USDOJ did not
- 3:01Speaker 1: articulate and lacks any basis grounds in agency regulation that
- 3:06Speaker 1: supports its refusal to disclose the information requested in NMDOJ's
- 3:10Speaker 1: TUI request. USDOJ's denial of NMDOJ's TUI request is arbitrary, capricious,
- 3:17Speaker 1: and abuse of discretion and otherwise not in accordance with
- 3:21Speaker 1: law in violation of U.S. Code 5 Section 706-2A. Count No. 2.
- 3:27Speaker 1: Administrative Procedure Act, U.S. Code 5, Section 706-1. Unlawfully Withheld
- 3:33Speaker 1: and Unreasonably Delayed Agency Action. The State re-alleges and incorporates
- 3:38Speaker 1: by reference the allegations set forth above, as if fully
- 3:41Speaker 1: set forth herein, to the extent that the Court concludes
- 3:45Speaker 1: that the U.S. DOJ's refusal to provide an MDOJ access
- 3:49Speaker 1: to unredacted materials responsive to its TUI request does not
- 3:53Speaker 1: constitute final agency action on which the state is entitled
- 3:58Speaker 1: to relief, the state seeks relief under the APA for
- 4:01Speaker 1: agency action unlawfully withheld or unreasonably delayed. The APA provides
- 4:06Speaker 1: that a reviewing court shall compel agency action unlawfully withheld
- 4:11Speaker 1: or unreasonably delayed, U.S. Code 5, Section 706.1. USDOJ's TUI
- 4:16Speaker 1: regulation requires officials to evaluate TUI requests to determine whether
- 4:21Speaker 1: whether to authorize disclosure under the factors set forth in
- 4:25Speaker 1: those regulations. Whereas here, investigatory records compiled for law enforcement
- 4:29Speaker 1: purposes are requested. If disclosure is necessary to pursue a
- 4:34Speaker 1: criminal prosecution, the deputy or associate attorney general is to
- 4:38Speaker 1: review the request and direct release if the administration of
- 4:42Speaker 1: justice requires disclosure. Here in particular, the administration of justice
- 4:47Speaker 1: requires disclosure because NMDOJ reasonably relied on on USDOJ's assurances
- 4:53Speaker 1: that USDOJ would share investigative material if NMDOJ complied with
- 4:59Speaker 1: USDOJ's request to stand down its investigation in 2019. The
- 5:04Speaker 1: time for USDOJ to provide that promised cooperation has passed,
- 5:09Speaker 1: but USDOJ continues refusing to share information while publicly insisting
- 5:14Speaker 1: that cooperation is forthcoming. To the extent the Acting Attorney
- 5:18Speaker 1: General or his deputies or associates have not yet reviewed
- 5:22Speaker 1: and responded to NMDOJ's TUI request, this is a consummate
- 5:26Speaker 1: failure to act or refusal to act. By failing to
- 5:29Speaker 1: provide the agency's response to NMDOJ's TUI request, USDOJ has
- 5:35Speaker 1: unlawfully withheld agency action that its own regulations require USDOJ
- 5:40Speaker 1: to take. Alternatively, USDOJ's failure to respond to NMDOJ's TUI
- 5:44Speaker 1: request constitutes an unreasonable delay in agency action. An MDOJ's
- 5:49Speaker 1: initial request to USDOJ for access to unredacted relevant material
- 5:55Speaker 1: requested a response by March 27, 2026, 14 days following
- 6:00Speaker 1: the date on the letter. A 14-day timeline is ordinary
- 6:04Speaker 1: and customary for criminal investigations. Indeed, federal grand jury subpoenas
- 6:09Speaker 1: typically require compliance within 14 days, not merely a response.
- 6:15Speaker 1: And USDOJ does not need to search for, identify, collate,
- 6:19Speaker 1: and produce material that are within the EFTA release in
- 6:22Speaker 1: redacted form. To facilitate the NMDOJ's access and use of
- 6:27Speaker 1: relevant EFTA material, USDOJ need only utilize the existing system
- 6:32Speaker 1: for which it already permits members of Congress to review
- 6:35Speaker 1: those records. Subject to the reasonable safeguards, NMDOJ has invited
- 6:40Speaker 1: to ensure further protection of the information. In light of
- 6:43Speaker 1: the EFTA's broad disclosures mandate, and USDOJ's own representation of
- 6:48Speaker 1: full compliance, there's no reason why providing the remaining responsive
- 6:52Speaker 1: material would present any substantive obstacle. Nevertheless, it's been over
- 6:57Speaker 1: three months since NMDOJ submitted its formal TUI request, and
- 7:01Speaker 1: over four and a half months since NMDOJ's initial request
- 7:05Speaker 1: to USDOJ for access to unredacted, relevant material. As set
- 7:10Speaker 1: forth above, USDOJ adopted an authoritative and categorical policy or
- 7:16Speaker 1: a practice to refuse to share investigative information with New
- 7:20Speaker 1: Mexico authorities concerning Zorro Ranch and potential allegations of human
- 7:24Speaker 1: trafficking and widespread sexual abuse of young women and minors,
- 7:28Speaker 1: hampering the state's ability to investigate and prosecute these matters.
- 7:33Speaker 1: The policy or practice is evidenced by, among other things,
- 7:36Speaker 1: USDOJ's final definitive refusal to share evidence for use without
- 7:41Speaker 1: providing a case-specific justification. These refusals were communicated to the
- 7:46Speaker 1: state after assurances from 2019, and now again that USDOJ
- 7:52Speaker 1: would provide materials in support of NMDOJ's investigation. USDOJ's action
- 7:58Speaker 1: also exceeded the authority conferred by the Federal Housekeeping Act,
- 8:02Speaker 1: which permits agencies to establish procedure governing the disclosure of records,
- 8:06Speaker 1: but does not authorize agencies to withhold information or decline
- 8:10Speaker 1: to evaluate disclosure requests, absent a lawful basis. USDOJ failed
- 8:15Speaker 1: to specify its reasoning for denying NMDOJ's TUI request and
- 8:19Speaker 1: offered nothing more than a boilerplate language and buzzwords to
- 8:23Speaker 1: conclude sharing information with another law enforcement agency would be
- 8:27Speaker 1: inappropriate here. That explanation cannot justify USDOJ's radical departure from
- 8:33Speaker 1: the ordinary norms of state-federal cooperation. USDOJ's inconsistent stance on
- 8:39Speaker 1: providing information initially indicating it would provide the requested material
- 8:44Speaker 1: then later denying that request after months of unresponsiveness, is
- 8:48Speaker 1: an unreasonable delay. This delay is further unreasonable in light
- 8:53Speaker 1: of USDOJ's initial 2019 request for NMDOJ to cease investigation
- 8:59Speaker 1: into Epstein, Maxwell, and or Epstein's web in New Mexico,
- 9:04Speaker 1: and commitment to share investigative material in lieu of New
- 9:07Speaker 1: Mexico conducting its own investigation. USDOJ's refusal to to share
- 9:13Speaker 1: documents constitutes an unexplainable deviation from the ordinary and customary
- 9:17Speaker 1: practices breaking down critical trust relationships between state and federal
- 9:22Speaker 1: law enforcement agencies. In addition to being arbitrary, capricious, and
- 9:27Speaker 1: an abuse of discretion and contrary to law, USDOJ has
- 9:31Speaker 1: unlawfully withheld or reasonably delayed agency action required by law
- 9:36Speaker 1: in response to the state's TUI request. The states entitled
- 9:39Speaker 1: to relief compelling such action under U.S. Code 5 Section 706.1.
- 9:44Speaker 1: Prayer for Relief. Wherefore, Plaintiff, State of New Mexico, respectfully
- 9:48Speaker 1: requests that this Court, A, declare that the complete denial
- 9:52Speaker 1: by defendant, United States Department of Justice, of plaintiff's State
- 9:56Speaker 1: of New Mexico's TUI request constitutes final agency action subject
- 10:01Speaker 1: to judicial review under the Administrative Procedure Act U.S. Code 5,
- 10:05Speaker 1: Section 702, 704, and 706. B. Declare that defendant United
- 10:11Speaker 1: States Department of Justice denial of plaintiff's State of New
- 10:14Speaker 1: Mexico TUI request was arbitrary, capricious, and abuse of discretion
- 10:18Speaker 1: or otherwise not in accordance with law. in violation of U.S.
- 10:21Speaker 1: Code 5, Section 706-2A. C. Declare that the extent defendant
- 10:27Speaker 1: United States Department of Justice denial of plaintiff State of
- 10:30Speaker 1: New Mexico to a request was in excess of statutory jurisdiction, authority,
- 10:35Speaker 1: or limitations, such denial is unlawful under U.S. Code 5,
- 10:40Speaker 1: Section 706-2C. D. Declare that to the extent defendant United
- 10:45Speaker 1: States of America and Department of Justice fail to observe
- 10:48Speaker 1: procedure were acquired by law, including its own TUI regulations,
- 10:53Speaker 1: in denying plaintiff state of New Mexico's request, such denial
- 10:57Speaker 1: is unlawful under U.S. Code 5, Section 706-2D. E. Direct defendant,
- 11:04Speaker 1: United States Department of Justice, to set aside its denial
- 11:08Speaker 1: of plaintiff state of New Mexico's TUI request and to
- 11:11Speaker 1: evaluate the request in accordance with requirements of the Administrative
- 11:15Speaker 1: Procedure Act and its own TUI regulations. F. Compel defendant
- 11:20Speaker 1: United States Department of Justice to take all agency action
- 11:24Speaker 1: required by law in response to plaintiff's State of New
- 11:27Speaker 1: Mexico's TUI request, including but not limited to producing the
- 11:31Speaker 1: requested information or records to the extent required by the
- 11:34Speaker 1: Administrative Procedure Act. G. Award plaintiff State of New Mexico
- 11:39Speaker 1: its costs of suit as permitted by law. H. Grant
- 11:43Speaker 1: such and other further relief as the court deems just
- 11:45Speaker 1: and proper. This document was signed... by Raul Torres, the
- 11:49Speaker 1: New Mexico Attorney General, and it was dated August 5th, 2026.
- 11:54Speaker 1: All the information that goes with this episode can be
- 11:57Speaker 1: found in the description box.