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By Steve Mollman
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The Justice Department is facing fresh accusations that it has failed to comply with federal transparency requirements related to records connected to Jeffrey Epstein, the disgraced financier and convicted sex offender who died in federal custody in 2019, following a court hearing Thursday in a lawsuit brought by journalist Katie Phang.
After the hearing before U.S. District Judge Emmet Sullivan, Brendan Ballou, an attorney representing Phang, told Newsweek that the government's own statements in court showed Attorney General Todd Blanche had still not fulfilled key obligations under the Epstein Files Transparency Act.
"The Justice Department itself made clear that the Attorney General has failed to follow the law," Ballou said.
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"He has failed to produce its redaction log. He has failed to begin producing foreign language documents. He has failed to produce notes concerning Donald Trump."
Ballou added that Phang's legal team believes the government's approach has been one of delay rather than compliance.
"The Justice Department's strategy here is endless delay, and we're glad that the Court appears to recognize this," he said.
"Our next step is to file a proposed order for how to handle the Attorney General's noncompliance, which we plan to do shortly."
A Justice Department spokesperson told Newsweek on Friday: "The Department remains committed to protecting the privacy of victims and continues to welcome engagement from victims and their counsel. As demonstrated to the court, many emails that have drawn public scrutiny and remain redacted were sent by women who identify as victims. The Plaintiff in this case seeks to unmask those victim names, but doing so would violate a binding court order in SDNY," the Southern District of New York.
‘Shocking’ Failure to Comply
The dispute stems from the Epstein Files Transparency Act, which President Donald Trump signed into law in 2025 after Congress overwhelmingly approved legislation requiring broad public release of records related to Epstein, Maxwell and others tied to the investigations. Phang's lawsuit argues the Justice Department has failed to meet several of the law's disclosure requirements, including publishing a required redaction log and releasing certain categories of records.
Phang sued Blanche in April, alleging the Justice Department failed to meet the law's requirements. The complaint describes the alleged violations as a "brazen, shocking, and ongoing" failure to comply with the statute and argues that the department improperly redacted, withheld or later removed records that should have been made public.
One of the central issues in the lawsuit is the redaction log required by Congress. According to the complaint, the law requires written justifications for redactions to be published in the Federal Register and submitted to Congress. Phang's legal team argues that requirement still has not been satisfied.
The missing redaction log is one of several unresolved issues that have kept debate over the Epstein files alive. The log is intended to provide a written explanation for why records were withheld or redacted, allowing Congress and the public to evaluate whether the exemptions were properly applied.
The lawsuit also alleges the Justice Department failed to produce certain foreign-language materials and failed to release all records related to Trump that fall within the scope of the law. According to the complaint, some FBI interview materials referenced in other records were produced to attorneys for Maxwell but were not publicly released as part of the Epstein files disclosures.
Among the records discussed in the complaint are FBI interview notes connected to allegations involving Trump that were never charged or substantiated. The lawsuit argues related materials remain missing from the government's public release.
The dispute comes amid broader questions about when, or whether, all Epstein-related records will ultimately become public.
Trump has not been accused of criminal wrongdoing in connection with Epstein, and inclusion in investigative records does not by itself imply misconduct.
The lawsuit further contends that some redactions conceal the identities of individuals the plaintiff characterizes as potential co-conspirators rather than victims whose identities are protected by law. The complaint points to several emails and draft investigative documents in which names were withheld despite Congress specifying only narrow categories of permissible redactions.
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What Happens Next
The Justice Department has previously maintained that many redactions were necessary to protect victims, personally identifiable information and other legally protected material. Officials have also argued that some unreleased records are duplicative, unrelated to Epstein or otherwise exempt from disclosure.
Sullivan previously ordered the government to either release additional records or provide a more detailed explanation for keeping them hidden. Thursday's hearing focused on the government's response to those directives and the status of its compliance efforts.
In a video posted after the hearing, Phang said Sullivan repeatedly pressed Justice Department attorneys for a timeline on producing the redaction log, saying Congress intended for the requirement to be completed months ago. According to Phang's account, government lawyers were unable to provide a date.
Phang also said Sullivan questioned DOJ attorneys about the status of foreign-language documents covered by the Epstein Files Transparency Act and directed her legal team to submit proposed orders addressing disputed FBI interview notes and the redaction log.
According to Phang, Sullivan also discussed a previous case in which he held Justice Department attorneys in contempt and warned government lawyers that he was willing to do so again if necessary. She said the judge stressed that his focus remained compliance with court orders rather than punishment.
Contact Newsweek editors on this story: Jason Lemon and Gray R. Thomas
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