Thursday, August 21, 2025

Which "Epstein Files" Are We Talking About Here?

What exactly are "The Epstein Files"? Who has them?

In any criminal trial, the "files" are not just one thing or in one place. 

It starts with an investigation by law enforcement. The investigating agency keeps a record of all the interviews that they conducted, the forensic evidence, clues, theories and anything else that leads them to a conclusion that an arrest is warranted. Keep in mind that this is just an investigation; no matter how convinced the cops are of the solidity of the evidence, it still remains that in this country the accused is innocent until proven guilty in a court of law. If the prosecutor believes that a case can be made and that a conviction is possible, a grand jury is convened. 

Grand jury procedures vary from one jurisdiction to another, however, the one commonality is that the prosecution presents their evidence that there is probable cause to hold a trial. There is no opportunity for the accused to present exculpatory evidence. Therefore a grand jury indictment is not the same as a conviction and doesn't always result in a conviction. For this reason grand jury investigations and testimony are usually sealed, especially if no indictment is returned. It's also a misnomer to characterize a grand jury as investigatory, even though that's what they are referred to. Grand jurors are not investigators. They are regular citizens who are selected randomly and if they have any law enforcement or investigatory experience it's a coincidence. Theoretically they can interview witnesses and review evidence, and even call for additional witnesses and evidence to be presented, but in practice they simply vote on whether what the prosecutors presented made sense. See this article regarding unsealing grand jury records.

If a grand jury indicts someone, that means that the legal system moves on to a trial. Some of the same testimony that was presented to a grand jury can also be presented at trial, but the grand jury testimony itself remains sealed. The accused can now present their side, and perhaps even get the charges dismissed. Once a trial has commenced, everything in it (with very narrow exceptions) is public record. Prosecution and defense each have their say and a jury decides who has made their case. In the case of Epstein, we never got to this stage because he died in custody. There are no "Epstein Files" from the trail, because he was dead before there was a trial. 

So what "Epstein Files" are there?

Epstein was indicted by a grand jury, so the transcripts from the grand jury exist. But the judge has ruled three times that the testimony will remain sealed. (Apparently the entire sealed transcript consists of testimony by one FBI agent.) What's left? The files from the DOJ investigation. 

Should the DOJ case files that led to the indictment of Epstein be made public? I don't know whether or not they should, but they will. According to this article the House Oversight Committee will release the files to the public after redacting sensitive information:

"The Committee intends to make the records public after thorough review to ensure all victims' identification and child sexual abuse material are redacted," the spokesperson said in a statement to CBS News. "The Committee will also consult with the DOJ to ensure any documents released do not negatively impact ongoing criminal cases and investigations."

I don't know what they will find and neither does anyone else, but no matter how complete the information, there will be suspicion that we aren't seeing everything. And there surely will be controversy over what we do see means. We already know that Trump and Epstein were friends - there are dozens of photos and videos of them partying together. We know from the phone logs that many prominent people in politics and entertainment (including Bill Clinton) appear in the flight logs of Epstein's plane. Conclusions certainly have been drawn in all corners about this information. If there are ongoing investigations, will we know about it? If Trump or other Republicans are implicated, will DOJ hide that information? If top Democrats were involved in criminality, wouldn't that information have already been shouted from the rooftops? (For evidence of this, see the multiple accusations and investigations into Trump's "enemies") I predict that the release of the DOJ files relating to Epstein will be a huge disappointment. 

This was never about concern for the victims. It's always been a way for politicians to attack their oppoents. 

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