What needs to happen next for the Epstein files to be released
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President Donald Trump speaks to reporters before boarding Air Force One at Palm Beach International Airport on Nov. 16, 2025, in West Palm Beach, Fla. Photo: Roberto Schmidt/Getty Images
The House and Senate both passed the Epstein files bill Tuesday, but it far from guarantees the public will see their contents.
Why it matters: Even if the bill is signed by President Trump, its language gives the Justice Department much room for discretion.
State of play: The House voted nearly unanimously, 427-1, to compel the DOJ to release all files on Epstein. Rep. Clay Higgins (R-La.) was the lone "no" vote.
- The Senate voted unanimously in favor of the bill, sending it to Trump's desk.
- Trump said he would sign the bill into law. The president had long pushed for the files to be public including during his 2024 campaign, but has so far not used his power to release them.
- Another complication: The bill making its way through Congress contains language about what can and can't be released, should it become a law.
Reality check: Per the bill's language, the attorney general can withhold or redact any information that "would jeopardize an active federal investigation or prosecution."
- Trump last week called on the DOJ to investigate Epstein's ties to former President Bill Clinton, officials at JP Morgan Chase and others.
Here's what needs to happen next for the Epstein files to be released.
What happens next for the Epstein files
State of play: The bill quickly moved from the House to the Senate on Tuesday. It now heads to Trump's desk.
- On Monday, President Trump said he would sign the bill if it arrived on his desk. He shifted his position on the House vote when it became clear Republicans were going to pass it.
- "Sure I would. Let the Senate look at it. Let anyone look at it, but don't talk about it too much," Trump said in the Oval Office in response to a question from a reporter.
What Epstein files can be released?
Zoom in: The bill — known as the Epstein Files Transparency Act — directs the Justice Department to disclose:
All unclassified records, communications and investigative materials related to Epstein and his convicted co-conspirator Ghislaine Maxwell.
- Materials related to individuals, including government officials, who were named or referenced within Epstein's criminal acts, settlements and plea agreements.
- Details about any entities with ties to Epstein trafficking allegations or financial networks.
- Details and investigative materials surrounding Epstein's death.
- Internal DOJ communications about Epstein and his associates.
What Epstein files can't be released?
The bill says that the attorney general "may withhold or redact" records that include:
- Victims names, medical files and identifying information.
- Child sex abuse materials.
- Any information that "would jeopardize an active federal investigation or prosecution."
- Images of death, abuse or injury.
- Classified information.
The intrigue: The DOJ must also send Congress a report that lists all records released and withheld, a summary of redactions made and the legal basis for doing so.
- The department must share a list of "all government officials and politically exposed persons named or referenced in the released materials," per the bill.
Yes, but: The DOJ can't withhold or redact records "on the basis of embarrassment, reputational harm, or political sensitivity" toward "any government official, public figure, or foreign dignitary," per the bill.
Can Trump release the Epstein files?
Zoom out: Trump controls the Justice Department and could release the documents without Congress' approval.
- This is why the DOJ released more than 100 pages of documents related to the Epstein probe in February.
- Those documents included flight logs, a redacted contact book, a masseuse list and an evidence list.
- Attorney General Pam Bondi called on FBI director Kash Patel to investigate why all documents hadn't been released at the time.
Yes, but: Trump previously blocked the full release of the files. In July, House Republicans voted down a Democratic procedural maneuver to force the DOJ to release files, a move that showed loyalty to Trump.
Context: The Epstein files divided the MAGA faithful over the summer. Many in Trump's base demanded the release of the files.
- Republican lawmakers have pushed back against the files' release. Johnson long rallied against the legislation, while House Majority Leader Steve Scalise (R-La.) pushed back in July against Democrats wanting the files released. In the same month, House GOP members blocked a move by Democrats to force the release.
- There are no known credible allegations of wrongdoing by Trump in the Epstein case.
Go deeper: Here are all the "Epstein files" that have been released — and which haven't
Editor's note: This article has been updated to reflect the passage of the bill in the Senate.
