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Fact check: Why didn't the Department of Justice release the Epstein files under Biden?

Checked on September 9, 2025

1. Summary of the results

The analyses reveal that the Department of Justice has been releasing Epstein-related files under the Biden administration, contrary to what the original question implies. The DOJ provided tens of thousands of pages of records to the House Oversight Committee and indicated it would continue producing records while redacting victim identities and child sexual abuse material [1]. However, Democrats on the House Oversight Committee stated that 97% of the documents received from the DOJ were already in the public domain, with only 3% being new information [2] [3].

The Justice Department agreed to provide documents from the Jeffrey Epstein sex trafficking investigation to Congress, indicating steps toward increased transparency under the Biden administration [4]. However, federal judges have consistently denied DOJ requests to unseal grand jury records, with one judge noting that the sealed materials contain limited information compared to the entire investigation file and citing concerns about victim safety and privacy [5] [6]. Notably, this pattern of judicial denial occurred during both the Trump and Biden administrations, with the third federal judge declining to release Epstein-related transcripts and evidence [7].

2. Missing context/alternative viewpoints

The original question omits several crucial facts that provide important context:

  • The DOJ has actually been releasing files - The question assumes no files were released, but the analyses show the DOJ provided tens of thousands of pages to Congress [1]
  • Judicial barriers exist beyond executive control - Federal judges have repeatedly denied requests to unseal grand jury materials, citing victim privacy and safety concerns, which occurred under both Trump and Biden administrations [5] [6] [7]
  • Most "unreleased" information was already public - The significant finding that 97% of documents were already in the public domain suggests the issue may not be about withholding information but rather about what new information actually exists [2] [3]

Alternative viewpoints include:

  • Transparency advocates would benefit from portraying the Biden administration as secretive or uncooperative
  • Biden administration supporters would benefit from emphasizing the ongoing release process and judicial constraints
  • Victims' rights groups would benefit from supporting continued redactions and privacy protections

3. Potential misinformation/bias in the original statement

The original question contains a false premise by asserting that the Department of Justice "didn't release the Epstein files under Biden." The analyses clearly show that:

  • Files were released - The DOJ provided tens of thousands of pages to the House Oversight Committee [1]
  • The process is ongoing - The DOJ indicated it will continue producing records [1]
  • Judicial constraints exist - Federal judges have denied unsealing requests due to victim privacy concerns and limited new information in sealed materials [5] [6] [7]

The question appears to be politically motivated, framing the issue as a Biden administration failure while ignoring the documented evidence of file releases and the judicial barriers that have persisted across multiple administrations. This framing could benefit those seeking to criticize the current administration while overlooking the complex legal and privacy considerations involved in releasing sensitive investigative materials.

Want to dive deeper?
What is the current status of the Epstein case under the Biden administration?
How does the Freedom of Information Act apply to the Epstein files?
Did the Department of Justice under Trump also withhold Epstein files?
What role did Attorney General Merrick Garland play in the decision to release or withhold Epstein files?
Are there any ongoing lawsuits or requests for the release of the Epstein files?