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By Gabe Whisnant
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A federal judge overseeing Ghislaine Maxwell’s criminal case ruled Wednesday that two members of Congress who helped pass a law requiring the release of Justice Department files on Jeffrey Epstein cannot intervene in Maxwell’s prosecution to force faster disclosure, though they may pursue other legal or congressional avenues.
U.S. District Judge Paul A. Engelmayer rejected an effort by Representatives Ro Khanna of California, a Democrat, and Thomas Massie of Kentucky, a Republican, to seek a court-appointed monitor to oversee the release of millions of documents related to Epstein and Maxwell. The lawmakers had attempted to append their request to Maxwell’s long-running sex trafficking case.
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Judge Blocks Lawmakers From Intervening In Maxwell Case
Engelmayer agreed with the Justice Department that he lacks authority, as the judge assigned to Maxwell’s criminal case, to supervise compliance with the Epstein Files Transparency Act. The law, signed by President Donald Trump in November, mandates the public release of investigative records tied to Epstein and Maxwell but does not provide enforcement mechanisms or penalties for delays.
The judge ruled that Khanna and Massie lack legal standing to intervene in Maxwell’s case and cannot insert themselves into the criminal proceedings.
“The Court has no authority to grant the relief sought in this posture,” Engelmayer wrote, adding that while the lawmakers raised important concerns, their approach was procedurally improper.
Lawmakers May Pursue Lawsuit Or Congressional Oversight
Although the court denied their request, Engelmayer said Khanna and Massie are free to file a separate civil lawsuit or use the oversight tools available to Congress to pressure the Justice Department.
The lawmakers argued that the slow pace of disclosure has violated the law and retraumatized abuse survivors. They asked the court to appoint an independent observer to ensure the immediate release of more than 2 million documents the government has identified as responsive to the statute.
Khanna said in a statement that he respected the ruling but would continue pushing for transparency.
“He said that we raised ‘legitimate concerns’ about whether DOJ is complying with the law,” Khanna said. “We will continue to use every legal option to ensure the files are released and the survivors see justice.”
What Percentage Of The Epstein Files Have Been Released?
The Epstein Files Transparency Act set a December 19, 2025, deadline for the Justice Department to make all covered materials public. More than a month later, the department has released only about 12,000 documents—a small fraction of the total.
Justice Department officials say hundreds of lawyers are reviewing the remaining records to determine what information must be redacted to protect the identities of sexual abuse victims and other sensitive material. Officials have cited privacy and safety concerns as the reason for the delay.
Engelmayer said the lawmakers’ questions about whether DOJ is complying with the law were “undeniably important and timely” but emphasized that the court cannot compel action through Maxwell’s case.
Survivors Voice Concerns Over DOJ Compliance
The judge said he has received letters and emails from Epstein abuse survivors supporting the lawmakers’ request for a neutral overseer.
“These express concern that DOJ otherwise will not comply with the Act,” wrote Engelmayer, who was nominated to the bench by President Barack Obama.
Survivors accused the department of paying “lip service” to victims and failing to treat them “with the solicitude” they deserve, the judge said.
Maxwell Sentence And Epstein Background
Maxwell is serving a 20-year federal prison sentence following her December 2021 conviction on sex trafficking charges. Prosecutors said she helped recruit and groom underage girls for Epstein over more than two decades and participated in some of the abuse.
She recently petitioned the court for her release, arguing that new information has emerged that warrants reconsideration of her conviction. Comer also announced Wednesday that House Oversight is set to depose Maxwell on February 9 as part of its investigation.
Epstein, the disgraced financier at the center of the case, died in a federal jail in New York in August 2019 while awaiting trial on sex trafficking charges. His death was ruled a suicide.
Wednesday's ruling leaves unresolved how and when the remaining Epstein files will be released—a question that continues to draw scrutiny from lawmakers, survivors and the public.
Meanwhile, a Republican-led House committee on Wednesday advanced resolutions in a bipartisan vote to hold former President Bill Clinton and former Secretary of State Hillary Clinton in contempt of Congress as part of its investigation into Epstein, escalating a high-stakes standoff that could mark the first time lawmakers pursue one of their most severe enforcement tools against a former president.
This article includes reporting by the Associated Press.
Update 1/21/26, 5:18 p.m. ET: This article was updated with new information and remarks.
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