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Why the Epstein Files Weren’t Made Public During the Biden Administration

Why Everyone Is Asking About the Epstein Files

Questions have surged since Donald Trump signed the Epstein Files Transparency Act into law. Many want to know why it took so long and why the Biden administration didn’t release the files earlier.

The Long Trail of Epstein Investigations

Pressure has grown for the Trump administration to release nearly all Department of Justice (DOJ) documents tied to Jeffrey Epstein, who faced federal charges for sex trafficking minors and conspiracy in 2019.

Epstein never stood trial. He was found dead in his cell on August 10, 2019, in what officials called a suicide.

But Epstein’s alleged crimes began long before 2019. Police first opened a criminal investigation in 2005 after reports that he abused underage girls.

In 2008, he pleaded guilty to state charges of soliciting prostitution from a minor and served just 18 months after a controversial plea deal.

Because the investigations stretched across decades, federal authorities are believed to hold thousands of files. Trump has now agreed to release nearly all of them.

Why Some Files Won’t Be Released

However, not every document will go public. According to the DOJ, the files contain a “large volume” of images and videos involving victims and other illegal child sexual abuse material. Those materials cannot be released.

The Real Reason for the Delay

Despite the political speculation, the explanation has nothing to do with partisanship. The Epstein and Ghislaine Maxwell cases were still active while Biden was in office.

Investigative journalist Julie K. Brown clarified this directly:
“The Epstein case was still an OPEN criminal investigation during the Biden administration,” she wrote. “There was an open grand jury… and even after Maxwell’s conviction, the case was on appeal. Anyone in law enforcement knows you don’t open your case file when it’s still under appeal.”

She added that victims continued bringing new information to the FBI. The situation only changed when Trump’s DOJ reviewed the files and closed the case in July.

Legal Grounds for Withholding the Files

PBS notes that an attorney general may legally withhold information that could jeopardize an active investigation or prosecution, as long as the withholding is temporary and narrowly focused.

Attorney General Merrick Garland even told Congress he had no personal knowledge of the Epstein files when subpoenaed earlier this year. That subpoena has since been withdrawn.

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