Democrats on Wednesday ramped up pressure on Republicans over the Jeffrey Epstein files, turning to an arcane rule to attempt to force the release of the documents that have become a significant pain point for the Trump administration and Republicans.
Led by Senate Minority Leader Chuck Schumer (D-N.Y.), they are seeking the documents via the “rule of five,” which dates to a 1928 law and requires government agencies to hand over information if any five lawmakers on a Senate or House panel — in this case the Senate Homeland Security and Governmental Affairs Committee — request them.
The rule is relatively untested in the courts, but that isn’t stopping Democrats from using it to turn the screws on an issue that has divided the GOP.
“This is not complicated,” Schumer said at a press conference on Wednesday. “Every single time Trump, his administration [and] Republican leaders have had a chance to be transparent about the Epstein files, they’ve chosen to hide.”
Schumer was not only flanked by Sen. Gary Peters (Mich.), the committee’s top Democrat, and Sen. Richard Blumenthal (D-Conn.), but also a sizable placard tying President Trump to Epstein, who died in federal prison six years ago while awaiting trial for sex trafficking charges.
The picture showed an image of Trump and Epstein at an event, with the president being quoted as saying the disgraced financier was a “terrific guy,” “a lot of fun to be with” and “likes beautiful women as much as I do.”
Schumer and all seven Democrats on the Senate Homeland Security and Governmental Affairs Committee signed on to a letter to the Department of Justice demanding the files.
“After missteps and failed promises by your Department regarding these files, it is essential that the Trump Administration provide full transparency,” the Democrats wrote to Attorney General Pam Bondi, pointing to promises she and Trump have made.
“We call on you to fulfill those promises of transparency,” they continued.
They gave Bondi until Aug. 15 to hand over the relevant documents.
The letter marked the latest attempt to put Republicans on the back foot and keep the Epstein issue front and center as lawmakers ready to depart for the August recess.
Trump has made a concerted effort to push the discussions surrounding Epstein to the side. He urged his supporters to drop the issue, and in recent weeks the administration released a series of documents related to Hillary Clinton, former President Obama and Martin Luther King Jr.
The Epstein issue drove such a wedge in the party that it forced the House to break early for the monthlong August recess after the chamber became paralyzed by an uproar from members over the administration’s handling of the Epstein files.
“The evasions, the delays, the excuses — they are not just odd, they’re alarming,” Schumer said. “It begs the question: If there’s nothing to hide, why all the evasiveness?”
In addition, multiple Republicans on the House Oversight and Government Reform Committee’s panel on federal law enforcement defied the White House by backing a Democratic-led push to subpoena the Justice Department for its files regarding the Epstein investigation.
And Rep. Tim Burchett (R-Tenn.) moved during a separate Oversight subcommittee hearing to subpoena Ghislaine Maxwell, a longtime Epstein associate who is serving a 20-year sentence for sex trafficking.
An attorney for Maxwell said on Tuesday that she would only speak with the committee if granted immunity. The panel flatly rejected that possibility.
The issue had been more muted in the Senate, but Democrats are working to change that.
Schumer did not rule out the possibility of utilizing amendment votes on the three-bill funding package that could come to the floor before the August break. He said that they are checking in with members as part of the hotline being run on the planned “minibus.”
And Sen. Ruben Gallego (D-Ariz.) has repeatedly tried to pass via unanimous consent a bill requiring the Justice Department to release the Epstein documents, forcing Republicans to object.
It’s unclear whether the Justice Department will acquiesce to the Democratic “rule of five” request, and what would happen if they stonewall the effort.
“This is a law,” Schumer told reporters. “This should be bipartisan, and we’re still talking to Republican colleagues about trying to join us and that could help get this public. If not, there’s recourse in the courts. This is the law.”
“We have talked to some of our lawyers. This can be challenged in the courts,” he added.
A Justice Department spokesperson confirmed receipt of the letter but declined to comment further.
How Republicans plan to handle this gambit is also unclear at this point.
“We’re looking into it. Obviously, it’s a dated law,” Senate Majority Leader John Thune (R-S.D.) said, labeling the rule “obscure.” “I don’t know how they came up with it. We’re having some lawyers look at it.”
Despite claims by Schumer, multiple Republicans indicated that they had not been approached by Democrats to back their push to force the release of the documents even though some have echoed similar calls.
“I’ve long said, I think DOJ should release all the documents, just like they did with MLK, RFK, JFK,” said Sen. Josh Hawley (R-Mo.), a fellow committee member. “Everything they’ve got, they should put it out there.”
“I think it’s a little bit more of a stunt. They didn’t reach out to any Republicans before,” Hawley added. “They didn’t ask me [to sign the letter].”
Multiple Homeland Security Committee Republicans also noted that they utilized the “rule of five” during the Biden administration on multiple occasions to request documents, but were stonewalled repeatedly. Among the items they sought information about were those pertaining to the origins of COVID-19, vaccine safety and the “burrowing” of Biden-era political appointees to become nonpolitical permanent roles.
“We were stiffed every time,” Hawley said. “I don’t think we ever got anything substantive.”
Whether this is the maneuver that gets it done, some Republicans believe that the administration will eventually end up releasing the documents, as the fervor of the MAGA base has shown few signs of letting up over the Epstein files.
“I expect DOJ to get information out, period. I don’t think this is what’s going to move it out. I think there’s plenty of interest in folks to just say, ‘Get it out there,’” said Sen. James Lankford (R-Okla.), a Homeland Security Committee member.
The Oklahoma Republican added that conspiracy theories will only grow while the files remain behind closed doors.
“The conspiracy theories don’t get better with less information,” Lankford continued. “They just continue ramping up.”
Rebecca Beitsch contributed.
