Senate Democrats Try to Force Release of Epstein Files With Little-Known Law

 

Senate Democrats Try to Force Release of Epstein Files With Little-Known Law

 

The move is part of an effort by Democrats to draw Senate Republicans into the debate over the release of the Epstein files, which has bitterly divided the House G.O.P. and wrought havoc in that chamber.

 

Michael Gold

By Michael Gold

Reporting from the Capitol

https://www.nytimes.com/2025/07/30/us/politics/democrats-trump-epstein-files.html

July 30, 2025, 5:02 a.m. ET

 

Senate Democrats on Wednesday moved to compel the Trump administration to release material connected to the investigation into the accused sex trafficker Jeffrey Epstein, invoking a little-known law in a bid to force Republican leaders to confront the growing furor over the case.

 

Senator Chuck Schumer of New York, the minority leader, and all seven Democrats on the Homeland Security and Governmental Affairs Committee sent a letter to the Justice Department requesting that it turn over its files on Mr. Epstein, the disgraced financier who died in federal prison in 2019 while awaiting trial on sex-trafficking charges.

 

Under a section of federal law commonly referred to in the Senate as the “rule of five,” government agencies are required to provide relevant information if any five members of that committee, which is the chamber’s chief oversight panel, request it.

 

That provision — which became law in 1928 and sets a seven-member rule for the House’s oversight committee — effectively offers a way for members of the minority party to compel information from the executive branch because they cannot issue congressional subpoenas. But it has been infrequently used, and it has not faced significant tests in court, raising questions over whether it can be enforced.

 

Still, in invoking it, Democrats were trying to draw Senate Republicans into the debate over the release of the Epstein files, which has bitterly divided the House G.O.P. and wrought havoc in that chamber. If the Trump administration were to ignore the Democrats’ request, the resulting legal battle would likely force Senator John Thune, Republican of South Dakota and the majority leader, to decide whether to choose between backing the administration or defending the Senate’s constitutional prerogative for congressional oversight.

 

Since President Trump returned to the White House this year, Congress has ceded much of its oversight power, with Republicans showing little willingness to hold hearings or otherwise demand answers from Mr. Trump or his administration. But the Justice Department’s recent decision to backtrack from its promises to release new material in the Epstein investigation ripped open a rift in the party that led several rank-and-file Republicans to break from the president.

 

Though Mr. Trump has urged his supporters to move on from the issue, several House Republicans have joined Democrats to try to force a floor vote on releasing the files. Last week, several close Trump allies joined with Democrats on the House Oversight Committee to issue a subpoena to the Justice Department for its files. The committee has not yet sent its subpoena, though it is required to do so.

 

Exploiting the rift, House Democrats repeatedly threatened to force additional votes on the Epstein files before Republicans could debate unrelated bills. Facing conflicting demands from angry constituents and the White House, House Republicans were so sharply divided on the issue that Speaker Mike Johnson opted to send lawmakers home for the summer slightly ahead of schedule rather than risk having to vote on the matter.

 

The Senate has thus far not faced similar tumult, even as polls show growing dissatisfaction and division among Republicans over Mr. Trump’s handling of the release of the Epstein files. The Democrats’ letter is aimed at forcing Republican senators, including members of the governmental affairs panel, to confront the issue and is likely to needle Mr. Trump.

 

“Americans have every right to wonder, why he is breaking this promise?” Mr. Schumer said in a statement. “What is Trump hiding? Trump campaigned on and promised Americans that he’d release the Epstein files. We’re demanding he keep that promise. “

 

In their letter, a copy of which was obtained by The New York Times, the eight senators cited Mr. Trump’s backtracking on the release of the Epstein files and called on the Justice Department and F.B.I. to give them to the committee by Aug. 15.

 

“After missteps and failed promises by your Department regarding these files, it is essential that the Trump administration provide full transparency,” the senators wrote.

 

The letter was signed by Mr. Schumer; Senator Gary Peters of Michigan, the top Democrat on the committee; and Senators Maggie Hassan of New Hampshire, Richard Blumenthal of Connecticut, John Fetterman of Pennsylvania, Andy Kim of New Jersey, Ruben Gallego of Arizona and Elissa Slotkin of Michigan.

 

Lawmakers from both parties have previously invoked the nearly century-old provision that Senate Democrats are now using. But its enforcement has been a continued question. During the George W. Bush administration, House Democrats twice sued the executive branch to enforce the rule, but no clear resolution was ever reached.

 

More recently, House Democrats sued the General Services Administration in 2017, during Mr. Trump’s first term, after the agency refused to comply with a seven-member request for the release of documents relating to the Trump International Hotel in Washington.

 

After several years, the Supreme Court agreed to hear the case in May 2023, promising to weigh in on whether lawmakers could sue a government agency for information. But the case was never argued, after the House Democrats decided to dismiss their lawsuit.

 

Michael Gold covers Congress for The Times, with a focus on immigration policy and congressional oversight.