Letters from an American – December 20, 2025 – Heather Cox Richardson
Letters from an American, December 20, 2025
By Heather Cox Richardson, Dec 20, 2025
On November 19, 2025, Congress passed H.R. 4405, the Epstein Files Transparency Act, and although there was none of the usual publicity and fanfare President Donald Trump enjoys around a bill signing, the White House said that Trump signed it the same day, making it a law.
It required the United States Attorney General to “release all documents and records in possession of the Department of Justice relating to Jeffrey Epstein” no later than 30 days after the date the measure became law. It required that the Department of Justice “make publicly available in a searchable and downloadable format all unclassified records, documents, communications, and investigative materials in the possession of the Department of Justice, including the Federal Bureau of Investigation and United States Attorneys’ Offices, that relate to: Jeffrey Epstein including all investigations, prosecutions, or custodial matters…. Ghislaine Maxwell…. Flight logs or travel records, including but not limited to manifests, itineraries, pilot records, and customs or immigration documentation, for any aircraft, vessel, or vehicle owned, operated, or used by Jeffrey Epstein or any related entity…. Individuals, including government officials, named or referenced in connection with Epstein’s criminal activities, civil settlements, immunity or plea agreements, or investigatory proceedings…. Entities (corporate, nonprofit, academic, or governmental) with known or alleged ties to Epstein’s trafficking or financial networks.”
It required the release of “[a]ny immunity deals, non-prosecution agreements, plea bargains, or sealed settlements involving Epstein or his associates” and “[i}nternal DOJ communications, including emails, memos, meeting notes, concerning decisions to charge, not charge, investigate, or decline to investigate Epstein or his associates.”
It required the Department of Justice to produce “[a]ll communications, memoranda, directives, logs, or metadata concerning the destruction, deletion, alteration, misplacement, or concealment of documents, recordings, or electronic data related to Epstein, his associates, his detention and death, or any investigative files.” It demanded “[d]ocumentation of Epstein’s detention or death, including incident reports, witness interviews, medical examiner files, autopsy reports, and written records detailing the circumstances and cause of death.”
The law established that the Department of Justice could withhold only information that was classified or that contained “personally identifiable information of victims or victims’ personal and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy”; images that “depict or contain child sexual abuse materials… [or] would jeopardize an active federal investigation or ongoing prosecution, provided that such withholding is narrowly tailored and temporary”; images that “depict or contain images of death, physical abuse, or injury of any person; or…contain information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order.”
The law required that the Department of Justice must justify all redactions with “a written justification published in the Federal Register and submitted to Congress.”
Otherwise, it said, records could not be “withheld, delayed, or redacted on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary.”
The deadline for the release of that information was yesterday, December 19.
In the afternoon, the department began to release the required materials. But despite the law’s specification that the department release ALL the records, it released just a fraction of the required materials, saying it would release more later. Missing were any of the FBI interviews with survivors or internal Justice Department memos about charging decisions.
There are very few images of Epstein with Trump, despite their close relationship. Instead, the files focused on former Democratic president Bill Clinton, whose office responded with a statement saying: “The White House hasn’t been hiding these files for months only to dump them late on a Friday to protect Bill Clinton. This is about shielding themselves from what comes next, or from what they’ll try and hide forever. So they can release as many grainy 20–plus-year-old photos as they want, but this isn’t about Bill Clinton. Never has, never will be. Even Susie Wiles said Donald Trump was wrong about Bill Clinton.”
And then there were the redactions. So much of the material was redacted that, in front of television cameras, Jake Tapper of CNN scrolled through an entirely-blacked-out 100-page document on his phone and said: “That’s the transparency we’re getting here.”
Today observers caught that for all that the Department of Justice had omitted materials the law required they produce, Justice Department staffers had inserted unrelated material: a photo of former Democratic president Bill Clinton, pop music star Michael Jackson, and music legend Diana Ross, with children, suggesting that the three were associated with sex abuser Jeffery Epstein. The image was quickly identified by social media users not as a private image from the Epstein files, but as a publicly available image from a 2003 fundraiser. The children were not Epstein victims, but rather Jackson’s and Ross’s own kids.
Then it turned out, as Michael R. Sisak and David B. Caruso of the Associated Press reported, at least 16 files that had initially been posted on the Justice Department’s public website have disappeared without explanation, including one that showed multiple photographs of Trump with Epstein.
Democratic lawmakers Representative Robert Garcia of California, the top Democrat on the House Oversight Committee, and Representative Jamie Raskin of Maryland, released a statement yesterday after Deputy Attorney General Todd Blanche said that the Department of Justice would not meet the deadline for the release of the Epstein files established by law.
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